TA 


IC-NRLF 


SB    11M    37D 


GIFT  OF 


. 


TRANSLATION" 


OF  THE 


GENERAL  LAW  OF  PUBLIC  WORKS 


OF  THE 


ISLAND  OF  CUBA, 


AND 


REGULATIONS  FOR  ITS  EXECUTION. 


WITH  THE  ADDITION  OF  ALL  SUBSEQUENT 
PROVISIONS  PUBLISHED  TO  DATE. 


(1891.) 


WAR    DEPARTMENT, 

DIVISION  OF  CUSTOMS  AND  INSULAR  AFFAIRS. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1899. 


|>     .3    »        » 

5  "j  v    -. 
V  *  *.  -f/ 


GENERAL  GOVERNMENT  OF  THE  ISLAND  OF  CUBA, 

Office  of  the  Secretary,  Department  of  Public  WorTcs. 
The  Colonial  Department,  under  date  of  the  19th  of  last  April,  com- 
municates to  His  Excellency,  the  Governor- General,  the  following 
Royal  Order : 

Considering  the  reasons  submitted  to  me  by  the  Colonial  Secretary, 
and  by  virtue  of  the  authorization  granted  to  the  Government  by 
Article  89  of  the  Constitution  of  the  Monarchy,  and  in  conformity  with 
the  report  of  the  full  Council  of  State,  I  have  decreed  as  follows: 

ARTICLE  1.  In  Cuba  there  shall  govern  a  General  Law  of  Public  Works  similar  to 
that  decreed  for  the  Peninsula  on  the  13th  of  April,  1877. 

ART.  2.  The  Colonial  Secretary  shall  draft  the  regulations  for  the  execution  of 
this  law  and  shall  report  this  decree  to  the  Cortes,  which  is  sent  to  Your  Excellency 
by  Royal  Order,  accompanying  the  law  with  a  copy  of  the  Gaceta  of  Madrid,  in  which 
it  has  been  published. 

And  in  compliance  with  the   superior  order  of  Your  Excellency, 
dated  the  19th  of  the  present  month,  it  is  published,  together  with  said 
law,  for  general  knowledge,  together  with  the  said  General  Law  which 
extends  it  to  this  Island. 
Havana,  May  30, 1883. 

M.  DIAZ  DE  LA  QTJINTANA, 
Secretary  of  the  General  Government. 

3 


GENERAL  LAW  OF  PUBLIC  WORKS  FOR  THE 
ISLAND  OF  CUBA. 


[Approved  by  Royal  Decree  of  this  date.] 


CHAPTER  I. 

CLASSIFICATION  OF  THE  WORKS. 

ART.  1.  Pul)lic  works  for  the  purposes  of  this  law  shall  be  under- 
stood to  be  those  which  are  of  general  use  or  service,  and  such  con- 
structions as  are  devoted  to  the  service  and  are  in  charge  of  the  State, 
of  the  Provinces,  and  of  the  towns. 

In  the  first  group  are  included  roads,  ordinary  as  well  as  railroads, 
ports,  light- houses,  great  irrigation  canals,  navigation  canals,  and  the 
works  necessary  to  the  disposition,  use,  and  police  of  waters,  retention 
of  rivers  within  their  beds,  draining  of  lakes  and  marshes,  and  sanita- 
tion of  lands.  And  the  second  group  shall  include  public  buildings 
devoted  to  service  depending  on  the  Colonial  Department. 

ART.  2.  The  examination  and  approval  of  the  projects,  supervision 
of  the  construction,  and  preservation  of  the  public  works,  their  police 
and  use,  shall  always  be  dependent  on  the  Administration,  in  which- 
soever of  its  central  powers,  and  on  the  provincial  and  municipal 
Administrations.  . 

ART.  3.  Public  works,  both  in  relation  to  their  plans  and  their  con- 
struction, operation,  and  preservation,  may  be  charged  to  the  State,  to 
the  Province,  to  Municipalities,  or  to  individuals  or  companies. 

ART.  4.  There  are  in  charge  of  the  State: 

First.  The  highroads  which  are  included  in  the  general  plan  of  those 
which  have  to  be  taken  care  of  with  general  funds. 

Second.  The  work  of  retaining  within  their  beds  and  making  navi- 
gable the  principal  rivers. 

Third.  Ports  of  commerce  of  general  interest,  as  well  as  those  of 
refuge,  and  military  ports. 

Fourth.  Light-houses  and  buoys. 

Fifth.  The  drainage  of  great  marshes,  lakes,  and  inlets  belonging  to 
the  State. 

Sixth.  The  construction,  preservation,  and  operation  of  those  rail- 
roads of  great  national  interest,  which,  because  of  high  considerations 
of  government,  shall  not  be  turned  over  to  individuals  or  companies. 

Seventh.  All  other  railroads  of  general  interest,  in  so  far  as  concerns 
the  concession,  examination  and  approval  of  plans,  and  superindend- 

5 


euce,  in  order  to  $ee-$hn.t-  tjiey  $>?$  constructed  and  operated  in  the  saf- 
est and  most'prb'pe/ma'hnef.1-* ' '  *• 

Eighth.  The  construction  and  preservation  of  civil  buildings  neces- 
sary to  the  service  of  the  Administration. 

(Article  1  of  the  Eegulations.) 

ART.  5.  There  are  in  charge  of  the  Province: 

First.  The  roads  included  in  the  plan  of  those  which  have  to  be  at- 
tended to  with  provincial  funds. 

Second.  The  ports  within  its  territory  which,  not  being  included  in 
the  third  paragraph  of  Article  4,  offer  greater  advantages  than  those 
of  a  given  locality. 

Third.  The  sanitation  of  lakes,  marshes,  and  inundated  lands  in 
which  the  Province  is  interested  and  which  are  not  included  in  the 
fifth  paragraph  of  said  article  4. 

Fourth.  The  construction  and  preservation  of  the  buildings  neces- 
sary for  the  service  of  the  Provincial  Administration. 

(Article  56  of  the  Eegulations.) 

ART.  6.  There  are  in  charge  of  the  Municipalities: 

First.  The  construction  and  preservation  of  local  roads  included  in 
the  plan  of  those  which  have  to  be  taken  care  of  with  municipal  funds. 

Second.  The  works  for  supplying  water  to  the  towns. 

Third.  The  drainage  of  lakes  and  unhealthy  lands  which  are  not 
included  in  the  fifth  paragraph  of  Article  4,  nor  in  the  third  paragraph 
of  Article  5,  and  which  affect  one  or  more  towns. 

Fourth.  Ports  of  merely  local  interest. 

Fifth.  The  construction  and  preservation  of  the  buildings  necessary 
for  the  service  of  the  municipal  Administration. 

Sixth.  The  works  necessary  to  make  and  ornament  the  streets, 
squares,  and  boulevards  of  the  towns. 

(Article  91  of  the  Eegulatious.) 

ART.  7.  The  following  may  be  in  charge  of  individuals  or  companies, 
in  accordance  with  the  general  provisions  of  this  law  and  the  special 
provisions  for  each  class  of  works: 

First.  Highroads  and  railroads  in  general. 

Second.  Ports. 

Third.  Irrigation  and  navigation  canals. 

Fourth.  Drainage  of  lakes  and  marshes. 

Fifth.  Sanitation  of  unhealthy  lauds. 

Sixth.  Water  supply  of  towns. 

CHAPTER  II. 

ADMINISTRATION  AND    ECONOMIC    MANAGEMENT   OF  PUBLIC  WORKS. 

ART.  8.  The  following  shall  be  in  charge  of  the  Colonial  Secretary: 
First.  All  that  refers  to  the  plans,  construction,  preservation,  repair, 
and  police  of  the  highroads  in  charge  of  the  State. 


Second.  All  that  concerns  the  method  and  form  of  the  constitution 
of  partnerships  or  companies  which  may  demand  concessions  of  rail- 
roads of  general  interest,  the  granting  of  these  concessions  and  privi- 
leges corresponding  thereto,  the  examination  and  approval  of  the 
plans,  and  the  service  for  the  inspection  which  the  State  shall  exercise 
in  the  construction,  preservation,  operation,  and  police  of  said  railroads. 

Third.  All  that  refers  to  the  construction  and  operation  of  those  rail- 
roads of  great  public  interest  which,  according  to  paragraph  6  of  Arti- 
cle 4,  are  declared  by  special  laws  to  be  in  charge  of  the  State. 

Fourth.  Irrigation  and  navigation  canals  which  may  also  be  in  charge 
of  the  State,  in  whatever  relates  to  the  drafting  of  plans,  to  works  of 
construction,  preservation,  and  improvement,  and,  finally,  to  the 
technical  part  of  the  distribution  of  the  water  and  the  policing  of 
the  navigation. 

Fifth.  The  management  and  police  of  public  waters,  of  rivers,  tor- 
rents, lakes,  streams,  canals  of  artificial  currents ;  the  works  relative  to 
navigation,  river  navigation,  to  the  defenses  of  the  border  of  the  rivers 
and  lowlands  exposed  to  be  swept  away  or  inundated;  the  draining  of 
public  waters,  sanitation  of  marshy  lands,  and,  finally,  the  technical 
policing  of  inland  navigation. 

Sixth.  The  works  of  construction,  preservation,  and  repair  of  the 
ports  in  charge  of  the  State,  and  the  technical  policing  of  the  same. 

Seventh.  The  light-houses  and  all  classes  of  maritime  signals  and 
buoys  on  the  coasts. 

Eighth.  Everything  in  connection  with  the  construction,  building  of 
additions,  improvement  and  preservation  of  the  civil  buildings  devoted 
to  services  dependent  on  the  Colonial  Department,  and  with  those  con- 
structions which  have  the  character  of  artistic  and  historic  monuments. 

Ninth.  The  inspection  of  public  works  which  are  in  charge  of  the 
Provinces  or  the  Municipalities. 

(Articles  78, 89, 101,  and  120  of  the  Eegulations.) 

ART.  9.  The  Provincial  Administration,  according  to  the  Organic 
Law,  shall  have  charge  of — 

First.  The  highways,  which,  according  to  this  Law,  are  in  charge  of 
the  Provinces,  as  well  as  those  which  have  to  be  provided  for  wholly 
with  provincial  funds  in  matters  relative  to  the  studies,  construction, 
preservation,  repair,  and  policing  of  said  highroads. 

Second.  Navigation  and  irrigation  canals  declared  to  be  exclusively 
of  provincial  interest,  the  technical  part  of  the  distribution  of  the 
water,  and  of  the  policing  of  the  navigati9n. 

Third.  The  sanitation  of  lakes  and  marshy  lands  declared  of  exclu- 
sive interest  to  the  Provinces. 

Fourth.  The  construction  and  improvement  of  the  buildings  having 
a  provincial  character  devoted  to  public  service,  and  the  preservation 
of  historic  and  artistic  monuments. 

(Article  56  of  the  Regulations.) 


8 

ART.  10.  The  Municipal  Administration  shall,  in  accordance  with  the 
Organic  Laws,  Lave  charge  of — 

First.  The  construction,  repair,  and  preservation  of  local  roads  paid 
for  by  the  Municipal  Councils  or  which  should  be  in  charge  of  them, 
according  to  the  provisions  of  this  Law. 

Second.  The  water  supply  of  towns,  in  so  far  as  the  construction  of 
the  works  or  the  concession  of  the  same  to  private  enterprises  is  con- 
cerned. 

Third.  The  drainage  of  lakes  or  unhealthy  lands  which  are  declared 
of  purely  local  interest. 

Fourth.  The  construction  and  preservation  of  ports  of  local  interest. 

Fifth.  The  construction  and  improvement  of  buildings  devoted  to 
public  service  which  depend  on  the  Colonial  Department,  and  the  pres- 
ervation of  historic  and  artistic  monuments. 

Sixth.  Highways  and  ornamentation  of  towns. 

(Article  91  of  the  Regulations.) 

ART.  11.  The  public  works  which  have  to  be  paid  for  with  funds  of 
the  State  shall  be  executed  subject  to  the  credits  voted  in  the  general 
budgets  or  in  special  laws. 

ART.  12.  In  all  the  annual  or  general  budgets  of  the  State  there 
must  appear  exactly  the  amounts  necessary  for  the  preservation  of 
actually  existing  public  works,  which  are  in  charge  of  the  Colonial 
Department,  as  well  as  those  which  the  economic  resources  will  permit 
for  carrying  on  those  already  commenced,  and  for  undertaking  other 
new  ones. 

ART.  13.  No  amount  whatever  can  be  expended  in  public  works  of 
the  State  in  this  Island  under  the  Colonial  Department,  except  in 
accordance  with  a  project  duly  approved,  according  to  the  provisions 
of  the  present  law. 

ART.  14.  In  the  annual  budgets  of  the  Province^,  there  must  be 
included  exactly  the  amounts  which  may  be  necessary  for  the  preserva- 
tion of  such  actually  existing  works  as  are  in  charge  of  the  Provinces, 
as  well  as  whatever  the  resources  of  the  said  Provinces  may  permit 
for  the  prosecution  of  those  already  begun  and  for  the  undertaking  of 
other  new  ones. 

(Article  64  of  the  Regulations.) 

ART.  15.  No  other  provincial  public  work  can  be  undertaken  except 
in  accordance  with  a  project  previously  approved  by  the  proper  Depu- 
tation, after  report  of  the  Chief  Engineer  of  the  Province,  or  of  the 
Provincial  Architect,  if  the.re  be  one,  in  case  of  a  work  included  under 
the  name  of  civil  construction. 

(Articles  59,  89,  and  120  of  the  Regulations.) 

ART.  16.  In  the  municipal  budgets  there  shall  appear  precisely  the 
amounts  necessary  for  the  preservation  of  public  works  which  are  in 
charge  of  the  Municipal  Councils,  as  well  as  what  the  resources  of  the 


Municipality  may  permit  for  the  prosecution  of  those  already  com- 
menced and  for  the  undertaking  of  other  new  ones. 

(Article  99  of  the  Regulations.) 

ART.  17.  No  other  municipal  public  work  can  be  undertaken  without 
a  project  previously  approved  by  the  Governor  of  the  Province,  after 
hearing  the  Chief  Engineer  of  the  same,  or  the  Provincial  or  Municipal 
Architect,  in  case  of  a  civil  building  or  construction. 

(Article  93  of  the  Regulations.) 

ART.  18.  In  the  execution  of  all  public  works  there  must  be  observed, 
in  so  far  as  the  investment  of  general  provincial  or  municipal  funds  is 
concerned,  the  rules  established  in  the  Law  of  Accounting  and  in  the 
organic  laws  of  the  Deputation  and  the  Municipal  Councils  of  this 
Island,  as  well  as  in  the  provisions  of  the  Eoyal  Decree  of  the  5th  of 
May,  1876,  in  force  for  contracting  public  works  when  they  are  to  be 
executed  by  contract. 

CHAPTER  III. 

WORKS  PAID  FOR  BY  THE   STATE. 

ART.  19.  The  Colonial  Department  shall,  at  the  proper  time,  formu- 
late the  general  plan  of  public  works  which  have  to  be  paid  for  by  the 
State,  presenting  the  respective  drafts  of  the  law,  in  which  these  are 
determined  and  classified  in  their  order  of  preference,  to  the  Cortes. 

(Article  2  of  the  Regulations.) 

ART.  20.  The  Government  can  not  undertake  any  public  work  for 
which  there  has  not  been  a  provision  made  in  the  budgets,  assigning  the 
proper  credit.  In  any  other  case,  in  order  to  undertake  a  work,  it  shall 
be  necessary  for  the  Government  to  be  authorized  to  do  so  by  a  special 
law.  From  this  requisite  are  excepted  works  of  mere  repair,  as  well  as 
those  of  new  construction,  which  shall  be  declared  of  admitted  urgency 
by  the  Colonial  Department  or  its  delegates,  after  report  of  the  Con- 
sulting Board  of  Roads,  Canals,  and  Ports  and  of  the  full  Council  of 
State. 

(Articles  9,  10, 11,  and  12  of  the  Regulations.) 

The  Colonial  Secretary  shall  himself  make  use  of  the  privilege  to 
declare  a  work  of  admitted  urgency  which  this  article  confers  on  him, 
when  its  value  exceeds  five  thousand  pesos.  If  the  amount  should  be 
less,  the  Governor-General  may  authorize  its  execution,  after  favor- 
able report  of  the  Chief  Engineer  of  the  Province  and  of  the  Admin- 
istrative Council  which  hears  disputes,  immediately  reporting  it  to  the 
Government. 

ART.  21.  No  amounts  whatsoever  shall  be  included  in  the  general 
budgets  of  the  State  for  public  works  which  are  not  included  in  the 
plans  referred  to  in  Article  19,  unless  the  Government  has  been  author- 
ized to  do  so  by  a  special  law.  In  any  case,  in  order  to  include  the 
value  of  a  work  in  the  general  budget,  it  shall  be  necessary  that  there 


10 

be  a  previous  study  made  and  that  the  project  receive  the  proper 
approval. 

Concerning  works  of  preservation  and  repair,  it  shall  be  sufficient 
that  the  general  credit  for  this  purpose  be  included  in  the  budgets  of 
the  State  existing  at  the  time  in  which  these  works  are  to  be  executed. 

(Article  13  of  the  Eegulations.) 

ART.  22.  With  the  legislative  credits,  the  Government  may  order  the 
study  of  public  works,  the  execution  of  which  it  deems  convenient,  in 
compliance  with  the  provisions  of  the  two  preceding  articles. 

(Articles  3, 4, 5,  6,  7, 8, 9, 10, 11,  and  12  of  the  Regulations.) 

ART.  23.  The  Government  may  impose  assessments  and  taxes  for  the 
use  of  works  which  are  building  with  general  funds,  without  prejudice 
to  the  rights  which  may  have  been  acquired,  and  making  report 
thereof  to  the  Cortes. 

ART.  24.  The  Government  may  construct  the  works  in  charge  of  the 
State  by  management  or  by  contract.  The  first  method  shall  be 
applied  only  to  those  works  which  can  not  be  contracted  for  because 
of  their  special  conditions,  or  because  they  can  not  be  easily  provided 
for  in  the  budgets,  because  of  the  predomination  of  the  hazardous 
parts  in  them,  or  for  any  other  reason. 

(Article  14  of  the  Regulations.) 

ART.  25.  The  Government  may  contract  for  public  works  of  which 
it  may  be  in  charge: 

First.  By  obligating  itself  to  pay  the  value  of  the  works,  according  as 
they  are  being  constructed  at  the  times,  and  in  the  manner  which  may 
be  determined  on  in  the  special  provisions  of  each  contract,  and  in  the 
general  conditions  which  should  be  contained  in  all  those  referring  to 
this  service. 

Second.  By  granting  to  contractors  the  right  to  dispose  of,  for  a  speci- 
fied time,  the  proceeds  of  the  assessments  which  may  have  been  estab- 
lished for  the  use  of  the  work  according  to  the  provisions  of  Article 
23  of  the  present  law. 

Third.  By  combining  the  two  methods  referred  to. 

(Article  17  of  the  Regulations.) 

ART.  26.  When  the  works  which  the  State  has  constructed  may  be 
operated  with  profit,  this  shall  be  done  by  means  of  a  contract 
awarded  after  public  bidding,  excepting  in  the  cases  in  which,  because 
of  special  circumstances,  it  is  declared  proper  that  the  Government 
shall  take  charge  thereof.  This  declaration  shall  be  made  by  a  decree 
issued  by  the  Colonial  Department,  after  hearing  the  Consulting  Board 
of  Roads,  Canals,  and  Ports,  and  the  Colonial  Department  of  the 
Council  of  State. 

(Articles  6  and  54  of  the  Regulations.) 

ART.  27.  In  the  works  which  are  executed  at  the  expense  of  the 
State  in  the  manner  indicated  in  the  second  and  third  paragraphs  of 
Article  25,  the  prices  which  are  fixed  for  the  use  and  operation  of  said 
works  shall  not  exceed  the  schedule  of  rates  in  accordance  with  which 


11 

the  award  may  have  been  made;  but  these  rates  may  be  reduced  if  the 
person  to  whom  the  award  has  been  made  shall  deem  it  convenient, 
subject  to  the  conditions  which  are  prescribed  in  the  contract. 

ART.  28.  In  the  articles  of  conditions  of  each  contract  shall  be 
included  the  gratuitous  services  which  those  to  whom  the  contract  has 
been  awarded  must  render,  and  the  special  rates  for  different  public 
services. 

ART.  29.  The  study  of  the  projects,  the  direction  of  the  works  which 
are  executed  by  management,  and  the  supervision  of  those  which  are 
constructed  by  contract,  shall,  in  all  cases  where  the  works  are  in 
charge  of  the  State,  be  carried  on  by  the  Corps  of  Engineers  of  Koads, 
Canals,  and  Ports.  The  Government,  through  the  same  Engineers, 
shall  carry  on  the  inspection  of  provincial  and  municipal  works  which, 
according  to  the  ninth  paragraph  of  Article  8  of  the  present  Law,  is 
attributed  to  it. 

Civil  constructions  are  excepted,  the  study,  management,  and  super- 
vision of  which  should  be  intrusted  to  architects  having  professional 
degrees,  who  shall  be  approved  by  the  Colonial  Secretary. 

(Articles  15  and  18  of  the  Regulations.) 

ART.  30.  Contractors  shall  be  at  liberty  to  select  such  persons  as  they 
may  deem  proper  for  the  direction  of  the  works  which  they  obligate 
themselves  to  construct,  who  shall  in  all  cases  exercise  their  duties 
under  the  surveillance  and  inspection  of  the  Government  agents,  as 
provided  for  in  the  previous  article. 

ART.  31.  Contractors  of  State  works,  their  employees,  and  laborers 
shall  have  the  local  benefits  of  the  use  of  firewood,  pasturage,  and 
other  rights  which  the  inhabitants  of  the  towns  within  the  district  in 
which  said  works  are  included,  may  enjoy. 

ART.  32.  The  works  of  preservation  and  repair  which  are  necessary 
for  works  in  charge  of  the  State,  shall  be  carried  on  by  the  Colonial 
Department,  adjusting  themselves  to  the  credits  which  shall  have  been 
assigned  for  that  purpose  in  the  general  budgets,  in  accordance  with 
the  provisions  of  Article  12  and  of  paragraph  2  of  Article  21  of  this 
Law. 

(Article  8  of  the  Eegulations.) 

CHAPTER  IT. 

PROVINCIAL  WORKS. 

ART.  33.  There  shall  be  established  in  each  Province,  after  the  pro- 
ceedings which  the  Regulations  may  provide,  the  plans  of  public  works, 
which,  in  accordance  with  Article  5  of  this  Law,  shall  be  in  charge  of 
the  respective  Deputation. 

These  plans,  in  which  the  works  shall  be  classified,  showing  the 
order  of  preference  in  which  they  should  be  constructed,  shall  be  sub- 
mitted for  the  approval  of  the  Colonial  Secretary. 

(Articles  56,  57,  and  58  of  the  Regulations.) 


12 

ART.  34.  IsTo  works  sliall  be  undertaken  at  the  expense  of  provincial 
funds,  unless  tbere  be  included  the  proper  credit  for  this  purpose  in 
the  budget  of  expenses  of  the  Province. 

ART.  35.  In  order  that  the  appropriation  for  a  public  provincial  work 
be  included  in  the  general  expenses  of  the  Province,  it  shall  be  neces- 
sary that  said  work  be  included  in  one  of  the  plans  referred  to  in  Arti- 
cle 33,  and  that  its  project  be  previously  and  duly  approved  in  the 
manner  prescribed  by  Article  15  of  the  present  Law. 

Exception  is  made,  however,  of  cases  of  admitted  urgency,  in  which, 
after  a  special  law  or  declaration  of  the  Colonial  Secretary,  and  after 
the  proceedings  provided  for  by  the  Regulations  have  taken  place,  the 
necessary  credit  for  the  execution  of  the  work  in  question  may  be 
included  in  the  budget  of  the  expenses  of  the  Province.  But  even  in 
these  special  cases  the  proceedings  of  the  study  of  the  project  and  its 
approval  must  always  have  been  first  had,  in  accordance  with  the  pro- 
visions of  said  Article  15,  and  also  the  declaration  of  public  utility, 
which  should  be  made  in  accordance  with  the  provisions  of  the  present 
law. 

(Articles  60,  62,  and  63  of  the  Regulations.) 

ART.  36.  With  the  credits  which  shall  be  included  in  the  provincial 
budget,  the  Deputations  may  decide  that  the  study  of  such  public 
works  in  their  charge  as  they  may  deem  proper,  shall  be  made,  in  accord- 
ance with  the  provisions  of  the  two  preceding  articles. 

ART.  37.  The  Provincial  Deputations  may  impose  taxes  for  the  use 
of  the  work  in  their  charge  in  order  to  reimburse  themselves  for  the 
amount  which  they  may  have  devoted  to  that  purpose.  The  imposition 
of  these  taxes  shall  in  all  cases  be  submitted  for  the  approval  of  the 
Government. 

(Articles  65  and  87  of  the  Regulations.) 

ART.  38.  The  Deputations  may  execute  their  works  by  management 
or  by  contract,  proceeding  in  each  case  as  provided  by  Articles  24  to  28, 
both  inclusive,  of  the  present  Law  in  the  manner  prescribed  therein 
concerning  the  works  in  charge  of  the  State. 

(Articles  60  and  61  of  the  Regulations.) 

ART.  39.  The  projects,  direction,  and  supervision  of  the  works  which 
are  executed  with  provincial  funds,  shall  be  carried  on  by  Engineers  of 
Roads  or  by  Assistants  of  Public  Works.  Civil  constructions  of  a 
provincial  character  are  excepted,  which  may  be  in  charge  of  architects 
who  have  their  professional  degree. 

Among  the  conditions  established  in  each  case  shall  be  the  naming 
of  these  technical  agents  by  the  proper  Provincial  Deputation. 

(Articles  61,  66, 67,  68,  and  71  of  the  Regulations.) 

ART.  40.  Contractors  of  provincial  works  may  submit  the  direction 
of  the  same  to  such  persons  as  they  may  deem  proper,  keeping  in  mind 
the  provisions  of  Article  30  concerning  the  works  of  the  State;  and 
these  persons  shall  have  the  benefits  allowed  by  Article  31  to  those 
who  contract  for  works  which  shall  be  executed  with  general  funds. 


13 

ART.  41.  The  works  of  preservation  and  repair  which  may  be  neces- 
sary for  the  works  which  are  in  charge  of  the  Provinces,  shall  be  carried 
on  with  reference  to  the  credits  which,  as  provided  in  Article  14  of  the 
present  Law,  shall  appear  in  the  provincial  budgets. 

(Article  64  of  the  Regulations.) 

ART.  42.  Provincial  public  works  shall  be  inspected  by  the  Govern- 
ment, in  accordance  with  the  provisions  of  this  Law,  whenever  the 
Colonial  Secretary  or  the  Governor-General  thus  orders,  which  shall 
at  least  be  when  they  are  finished  and  before  they  are  turned  over  to 
public  use. 

(Articles  G9  and  70  of  the  Regulations.) 

CHAPTER  V. 

MUNICIPAL  WORKS. 

ART.  43.  Municipal  Councils  shall,  'by  the  proceedings  prescribed 
by  the  Regulations,  formulate  the  plans  of  public  works  which  may  be 
in  their  charge,  which  shall  be  submitted  for  the  approval  of  the  Gov- 
ernor of  the  Province.  If,  from  the  decision  of  said  authority  approv- 
ing or  disapproving  these  plans  there  should  be  any  appeal,  the  entire 
proceedings  shall  be  sent  to  the  Colonial  Secretary,  who  shall  defi- 
nitely decide. 

(Articles  91  and  92  of  the  Regulations.) 

ART.  44.  No  municipal  work  can  be  carried  out  if  in  the  budget  of 
the  respective  Municipal  Council  there  shall  not  be  a  credit  assigned 
for  this  purpose,  in  the  manner  prescribed  by  the  Laws  and  Regu- 
lations. 

(Article  93  of  the  Regulations.) 

ART.  45.  In  order  that  the  appropriation  for  a  municipal  work  may 
appear  in  the  budget  of  the  proper  Municipal  Council,  it  is  necessary 
that  said  work  be  included  in  one  of  the  plans  referred  to  in  Article  43, 
and  that  its  project  shall  have  been  duly  approved  in  the  manner  pre- 
scribed by  Article  17  of  the  present  Law.  Exception  is  made  in  cases 
of  admitted  urgency,  when,  after  the  Governor  has  declared  it,  and 
after  the  Provincial  Deputation  has  been  heard,  and  with  the  right  of 
appeal  to  the  Governor  on  the  part  of  the  Municipal  Council  interested, 
there  may  be  included  in  the  Municipal  budget  the  credit  necessary  for 
the  execution  of  the  work.  Even  in  such  cases  a  plan  must  have  pre 
viously  been  drawn  and  the  project  approved,  and  the  declaration  of 
public  utility  of  the  works  made,  in  conformity  with  the  provisions  of 
the  present  Law.  For  the  approval  of  plans  for  municipal  works 
affecting  territories  of  towns  belonging  to  different  provinces,  the  Gov- 
ernors of  the  said  provinces  shall  agree,  and  if  there  be  any  disagree- 
ment the  papers  shall  be  sent  through  the  Governor-General  with  his 
report  to  the  Colonial  Secretary,  who,  after  hearing  the  opinion  of  the 


14 

Consulting  Board  of  Roads,  Canals,  and  Ports,  shall  decide,  with  no 
further  appeal. 

(Articles  95  and  96  of  the  Regulations.) 

ART.  46.  Municipal  Councils  may  impose  assessments  and  taxes  on 
the  works  which  are  executed  at  their  cost  in  order  to  reimburse  them- 
selves for  the  amount  which  they  may  have  expended.  For  the  impo- 
sition of  these  taxes  the  authorization  of  the  Government  shall  be 
necessary,  which,  in  order  to  grant  it,  shall  first  hear  the  report  of  the 
Governor  of  the  Province. 

(Articles  98  and  119  of  the  Regulations.) 

ART.  47.  Municipal  Councils  may  construct  their  works  by  man- 
agement or  by  contract,  subject  to  the  provisions  of  the  present  Law 
concerning  this  matter,  in  connection  with  the  works  in  charge  of  the 
State  and  of  the  Provinces. 

(Article  94  of  the  Regulations.) 

ART.  48.  For  the  drafting  of  projects,  direction  and  supervision  of 
the  works  which  have  to  be  constructed  with  municipal  funds,  Munici- 
pal Councils  may  name  the  person  whom  they  believe  best  fitted 
therefor,  provided  he  has  the  necessary  professional  degree  to  accredit 
his  ability. 

(Articles  100  and  102  of  the  Regulations.) 

ART.  49.  The  works  of  preservation  and  repair  which  are  necessary 
for  works  in  charge  of  Municipal  Councils,  shall  be  carried  out  with- 
out any  other  limitation  than  that  they  must  come  within  the  credits 
which,  in  accordance  with  Article  16,  shall  be  contained  in  the  munic- 
ipal budgets  for  that  purpose. 

(Article  99  of  the  Regulations.) 

ART.  50.  Roads  of  communication,  and  the  other  public  works  which 
are  constructed  at  the  expense  of  the  Municipal  Councils,  shall  be 
inspected  by  the  technical  agents  of  the  Government  whenever  the 
Governor  may  deem  this  proper,  and  in  all  cases  shall  be  submitted  to 
the  inspection  of  these  agents  before  being  turned  over  to  public  use. 

From  this  provision  is  excepted  the  ordinary  building  of  paths  and 
local  roads. 

(Articles  101  and  110  of  the  Regulations.) 

CHAPTER  VI. 

WORKS    EXECUTED    BY    INDIVIDUALS    FOR    WHICH    NO    SUBSIDY    OR 
OCCUPATION  OF  THE  PUBLIC  DOMAIN  IS  ASKED. 

(Articles  89,  90,  and  120  of  the  Regulations.) 

ART.  51.  Individuals  and  companies  may  construct,  without  further 
restrictions  than  those  imposed  by  the  Police,  Safety,  and  Public  Health 
Regulations,  any  work  whatsoever  of  private  interest  which  does  not 
occupy  or  affect  the  public  domain  or  that  of  the  State,  or  which  does 
not  demand  the  exercise  of  the  right  of  eminent  domain  over  private 
property. 


15 

ART.  52.  Individuals  and  companies  may  also  build  and  operate  pub- 
lic works  devoted  to  general  use  and  the  others  which  are  enumerated 
in  Article  7  of  this  Law,  when  given  the  right  to  do  so  by  concession. 

ART.  53.  Said  concessions,  providing  that  no  subsidy  or  constant 
occupation  of  the  public  domain  is  requested,  or  that  they  do  not 
destroy  the  plaus  which  are  referred  to  in  Articles  19,  33,  and  43,  shall 
be  granted  by  the  Colonial  Department,  by  the  Provincial  Deputation, 
or  by  the  Municipal  Council,  respectively,  in  whose  charge  the  works 
may  be.  The  concessions  of  works  for  which  no  subsidy  is  requested, 
but  which  destroy  the  plans  of  the  works  in  charge  of  the  State, 
referred  to  in  Article  19,  can  not  be  granted  except  by  means  of  a  law. 
In  the  same  case  those  which  destroy  the  plans  of  municipal  or  pro- 
vincial works,  referred  to  in  Articles  33  and  43,  can  not  be  granted 
except  by  means  of  Eoyal  Decrees  issued  by  the  Colonial  Department. 

(Articles  19,  72,  73,  103,  and  104  of  the  Regulations.) 

ART.  54.  In  -all  cases  the  concessions  referred  to  in  the  preceding 
article  shall  not  be  granted  for  more  than  ninety-nine  years,  unless 
the  very  character  of  the  work  should  demand  a  longer  period,  which 
shall  be  always  granted  by  a  law.  When  the  time  of  the  concession 
has  run,  the  work  shall  become  the  property  of  the  State,  of  the  Prov- 
ince, or  of  the  Municipality  in  whose  charge  it  might  be.  Every  con- 
cession shall  be  granted  without  prejudice  to  third  parties  and  protect- 
ing the  interests  of  private  persons. 

ART.  55.  In  order  that  a  concession  to  an  individual  or  company  of 
a  work  in  the  cases  referred  to  in  Article  53  may  be  granted,  there 
shall  be  necessary  a  project  with  all  the  facts  which,  according  to 
the  provisions  of  the  Regulations,  may  be  necessary  to  form  a  judgment 
of  the  work,  of  its  objects,  and  of  the  advantages  which  will  inure  to 
the  general  interests  from  its  construction. 

(Articles  20, 21, 22,  74,  and  105  of  the  Regulations.) 

ART.  56.  In  order  to  form  the  project  referred  to  in  the  preceding 
article,  the  petitioner  may  request  of  the  Colonial  Department,  of  the 
Governor-General,  or  of  the  proper  corporations,  the  necessary  author- 
ization. 

This  authorization  shall  only  carry  with  it — 

The  power  to  enter  the  private  property  of  another  in  order  to  make 
the  studies,  after  having  received  the  permission  of  the  owner,  man- 
ager, or  attendant  who  may  reside  on  the  property  or  near  it;  and  oth- 
erwise, or  when  this  is  not  granted,  on  the  permission  of  the  Alcalde, 
who  shall  always  grant  it  when  there  is  security,  by  means  of  a  reason- 
able sum,  for  the  immediate  payment  of  the  damages  which  may  arise. 

(Articles  20,  21,  74,  and  105  of  the  Regulations.) 

ART.  57.  Individuals  or  companies  which  ask  to  construct  or  operate 
a  public  work,  shall  direct  their  petition  to  the  Colonial  Secretary,  to 
the  Govern  or- General,  or  to  the  corporation  which  in  each  case  has 
power  to  grant  the  concession,  accompanied  by  the  project  mentioned 
in  Article  55,  and  also  by  a  document  showing  that  there  has  been 


16 

deposited,  as  a  guaranty  of  the  proposal,  1  per  cent  of  the  estimate 
of  said  work. 

(Articles  23,  75,  and  106  of  the  Eegulations.) 

ART.  58.  The  Government,  in  cases  in  which  it  has  the  right  to  do 
so  in  accordance  with  Article  53,  shall  grant  the  concession,  after  con- 
sulting, in  order  better  to  form  its  judgment,  the  reports  which  concern 
each  kind  of  works  which  may  be  established  by  special  laws  and  by 
the  Eegulations,  there  being  necessary  as  an  indispensable  requisite 
for  the  approval  of  the  project,  the  previous  opinion  of  the  Consulting 
Board  of  Eoads,  Canals,  and  Ports,  or  of  the  Eoyal  Academy  of  Sail 
Fernando,  as  the  case  may  be. 

When,  according  to  the  provisions  of  said  article,  a  concession  has  to 
be  granted  by  the  legislative  power,  the  Colonial  Secretary  shall  pre- 
sent to  the  Cortes  the  proper  form  of  law,  if  from  the  proceedings  there 
should  result  the  approval  of  the  convenience  of  carrying  out  the  work 
referred  to  in  the  petition. 

The  Provincial  Deputation  and  Municipal  Councils  shall  follow  the 
provisions  of  the  Eegulations  for  the  course  of  the  proceedings  to 
obtain  the  concession  which  they  may  have  power  to  grant,  in  accord- 
ance with  Article  53  of  the  present  Law. 

(Articles  24,  25,  26,  27,  76,  77, 107,  108,  and  109  of  the  Eegulations.) 

ART.  59. — As  a  general  rule,  there  shall  appear  in  the  terms  of  every 
concession  the  following : 

First.  The  amount  which  shall  be  deposited  by  the  concessionaire  as 
a  guaranty  of  the  fulfillment  of  his  engagements,  which  shall  be  from 
3  to  5  per  cent  of  the  estimate  of  the  works. 

Second.  The  time  in  which  the  work  shall  begin  and  end. 

Third.  The  conditions  for  the  establishment  and  for  the  use  of  the 
works,  which  in  each  case  may  be  deemed  convenient,  in  accordance 
with  the  laws. 

Fourth.  The  cases  of  forfeiture  and  the  consequences  of  this  forfeiture. 

(Articles  28,  29,  77, 109,  and  110  of  the  Eegulations.) 

ART.  60.  The  asking  of  subsidy  after  the  said  concession  has  been 
granted,  shall  be  considered  as  a  case  of  forfeiture  of  a  concession 
included  in  Article  53.  When  by  means  of  a  law  a  subsidy  or  an  aid 
with  public  funds  in  order  to  execute  the  work  shall  be  granted,  the 
subsidy  or  the  aid  shall  not  inure  directly  to  the  benefit  of  the  former 
concessionaire,  but  only  to  that  of  the  work  itself,  which  shall  be  imme- 
diately submitted  to  public  auction,  in  accordance  with  the  provisions 
of  this  Law,  concerning  subsidized  works. 

(Article  29  of  the  Eegulations.) 

ART.  61.  When  more  than  one  petition  for  the  same  work  is  pre- 
sented, the  one  shall  be  preferred  which  offers  the  greatest  advantages 
to  the  public  interests.  In  order  to  determine  these  advantages,  the 
Colonial  Department,  or  the  corporations  which  in  a  proper  case  have 
the  right  to  grant  the  concessions,  shall  proceed  to  obtain  the  reports 
provided  for  by  the  Eegulations. 


17 

When  the  Colonial  Secretary  has  the  authority  to  grant  the  conces- 
sion, before  deciding  on  the  preference  between  the  petitions,  he  shall 
hear  the  corporation  interested  and  the  Colonial  Department  of  the 
Council  of  State. 

(Articles  33,  80. 112, 113,  and  118  of  the  Eegulations.) 

ART.  62.  If  from  the  reports  referred  to  in  the  preceding  article  it 
shall  appear  that  there  is  an  equality  among  the  proposals  made,  the 
concession  shall  be  granted  by  means  of  a  public  bidding,  in  which 
not  only  the  petitioners,  but  any  other  person  who  shall  prove  that  he 
has  made  the  deposit  of  one  per  cent  of  the  estimate  of  the  work,  may 
take  part. 

The  bidding  shall  be  in  the  first  place  on  the  reduction  of  the  rates 
of  operation,  and  if  in  these  there  should  result  an  equality  of  reduc- 
tions, then  in  the  period  of  the  concession.  The  one  to  whom  the  award 
is  made  shall  be  obliged  to  pay  to  the  signer  of  the  petition  which 
may  have  been  first  presented,  in  case  the  latter  shall  not  have  been 
the  best  bidder,  the  expenses  of  the  project  according  to  the  expert 
appraisal  of  the  same  made  before  the  public  bidding. 

(Articles  34,  35,  36,  37, 38, 39, 81, 82, 113,  and  114  of  the  Eegulations.) 

ART.  63.  £To  concession  of  a  public  work,  asked  by  companies  or 
individuals,  can  be  made  without  the  previous  publication  of  their 
petition  in  the  Gaceta  de  Madrid  and  of  Havana  and  in  the  Boletin 
Oficial  of  the  respective  province,  fixing  the  period  of  thirty  days  for 
the  admission  of  other  propositions  which  may  be  better  than  the  first. 

(Article  32  of  the  Eegulations.) 

ART.  64.  When  the  concession  of  a  public  work  is  made,  the  Govern- 
ment, or  the  corporations  which  in  a  proper  case  may  have  granted  it, 
shall  supervise,  through  their  technical  agents,  the  construction  of  the 
work,  in  order  that  the  stipulated  conditions  may  be  observed.  The 
same  supervision  shall  be  observed  in  connection  with  the  operation, 
when  the  works  have  been  completed,  and  when  such  operation  is 
authorized  in  the  manner  prescribed  by  the  Eegulations. 

(Articles  40,  78,  and  110  of  the  Eegulations.) 

ART.  65.  The  concessionaire  may,  after  authorization  by  the  Colonial 
Department,  or  the  corporation  which  may  have  granted  the  conces- 
sion, alienate  the  works,  provided  that  the  grantee  shall  obligate  him- 
self in  the  same  terms  and  with  the  same  guaranties  as  the  first  con- 
cessionaire, for  the  fulfillment  of  the  stipulated  conditions. 

ART.  66.  The  guaranty  referred  to  in  the  first  paragraph  of  Article 
39  shall  not  be  returned  to  the  concessionaire  until  he  has  proved  the 
construction  of  works  to  an  amount  equivalent  to  a  third  part  of  those 
included  in  the  concession.  Said  works  shall  then  take  the  place  of 
the  guaranty,  and  shall  be  liable  for  the  fulfillment  of  the  provisions 
of  the  concession. 

(Article  28  of  the  Eegulations.) 
21634 2 


18 

ART.  G7.  The  declaration  of  forfeiture  of  the  concession  of  a  public 
work  of  those  included  in  this  Chapter,  whenever  made,  shall  be  by 
the  Colonial  Department,  or  the  corporation  which  might  have  granted 
it,  and  always  after  proceedings  in  which  the  interested  party  must  be 
heard. 

(Articles  29,  30,  78,  and  111  of  the  Regulations. ) 

ART.  68.  The  forfeiture  of  the  concession  by  reason  of  infractions 
imputable  to  the  concessionaire  shall  always  carry  with  it  the  loss  of 
the  guaranty,  to  the  benefit  of  the  general  Provincial  or  Municipal 
Administration,  as  the  case  may  be. 

(Articles  31,  79,  and  111  of  the  Regulations.) 

ART.  69.  If  on  the  declaration  of  forfeiture  the  construction  of  the 
work  shall  not  even  have  been  commenced,  the  Administration  shall  be 
relieved  of  all  agreements  with  the  concessionaire.  If  the  works  have 
already  been  commenced,  but  if  they  should  not  be  sufficient  in  order 
to  return  his  guaranty  to  the  concessionaire,  the  works  constructed 
shall  be  offered  to  public  bidding  for  a  period  of  three  months,  and  the 
basis  of  the  bids  shall  be  the  value  of  the  acquired  lands,  of  the  com- 
pleted works,  or  the  materials  thereon.  The  works  shall  be  awarded 
to  the  one  who  offers  most  for  them,  and  the  new  concessionaire  shall 
then  pay  to  the  first  the  amount  of  the  bid,  and  shall  be  subrogated  to 
him  in  all  his  rights  and  obligations.  In  both  cases  the  first  conces- 
sionaire shall  forfeit  his  guaranty. 

(Articles  31,  79,  and  111  of  the  Regulations.) 

ART.  70.  If  on  the  declaration  of  forfeiture  the  guaranty  shall  have 
been  returned,  the  works  completed  by  the  concessionaire  shall  in  the 
same  way  be  offered  to  public  bidding,  for  a  period  of  two  months,  on 
the  same  basis.  From  the  amount  offered  by  the  best  bidder,  who  shall 
be  declared  to  be  the  owner  of  the  concession,  the  Administration  shall 
reserve  the  amount  of  the  returned  guaranty,  and  the  difference,  should 
there  be  any,  shall  be  turned  over  to  the  first  concessionaire. 

(Articles  31,  79,  and  111  of  the  Regulations.) 

ART.  71.  In  the  cases  of  the  preceding  articles,  if  there  shall  not  be 
any  auction  by  reason  of  an  absence  of  bidders,  the  executed  work 
shall  again  be  put  up  for  public  bids  for  a  period  of  one  month,  on  the 
same  basis. 

If  the  concession  is  not  awarded  in  any  of  the  auctions,  the  State, 
Province,  or  towns  which  may  have  granted  the  execution  of  the  works, 
shall  take  charge  and  shall  use  them  in  the  manner  deemed  convenient, 
without  the  right  to  any  claim  whatsoever  oji  the  part  of  the  conces- 
sionaire, whose  rights  shall  be  declared  forfeited. 

(Articles  31,  79,  and  111  of  the  Regulations.) 

ART.  72.  No  work  for  the  operation  of  which  there  may  be  necessary 
the  occupation  of  another  work  belonging  to  the  State,  the  Province,  or 
towns  can  be  granted  without  previous  public  bidding,  on  the  basis 
which  may  be  determined  for  this  purpose.  There  shall  be  reserved 


19 

the  right  of  preference  on  equal  terms  to  the  petitioner,  and  when  the 
concession  is  not  granted  to  him  he  shall  be  paid,  by  the  one  to  whom 
it  is  awarded,  the  amount  of  the  project,  according  to  expert  appraisal 
made  and  advertised  before  the  public  sale. 
(Articles  38,  82,  and  114  of  the  Regulations.) 

CHAPTER  VII. 

WORKS     SUBSIDIZED     WITH     PUBLIC     FUNDS,    BUT     WHICH     DO    NOT 
OCCUPY  THE   PUBLIC   DOMAIN. 

(Articles  89,  90,  and  120  of  the  Regulations.) 

ART.  73.  Whenever  a  subsidy  of  any  kind  is  requested  for  the  execu- 
tion by  individuals  or  companies  of  a  public  work,  which  shall  not  con- 
stantly occupy  or  make  use  of  a  part  of  the  public  domain,  the  conces- 
sion for  this  purpose,  when  the  subsidy  shall  be  given  by  a  Province  or 
some  Municipality,  shall  be  made  by  the  corporation  in  whose  charge 
the  works  are,  but  in  every  case  after  public  bidding;  and  if  the  sub- 
sidy shall  come  from  the  State  the  concession  shall  moreover  be  the 
subject  of  a  law. 

By  subsidy,  for  the  purposes  of  this  article,  is  understood  any  direct 
or  indirect  aid  whatsoever  from  the  public  funds,  including  the  exemp- 
tion of  customs  duties  on  the  material  which  is  to  be  introduced  from 
abroad,  which  exemption  must  always  be  granted  by  a  law. 

(Articles  73  and  104  of  the  Regulations.) 

ART.  74.  The  concessions  referred  to  in  the  preceding  article  shall 
always  be  temporary  and  can  not  exceed  ninety-nine  years.  When 
this  period  has  elapsed,  the  work  shall  become  the  property  of  the 
State,  Province,  or  town  which  may  have  granted  the  subsidy. 

ART.  75.  The  individuals  or  companies  who  request  a  subsidy  of 
public  funds  to  construct  a  work  of  those  referred  to  in  this  Chapter, 
may  ask  for  the  necessary  authorization  to  make  the  proposed  studies 
in  the  terms  and  with  the  rights  mentioned  in  Article  56  of  the  present 
Law.  The  petition  for  the  concession  shall  be  accompanied  by  a  com- 
plete project  of  the  works,  according  to  the  provisions  of  the  Regula- 
tions, and  also  a  document  showing  that  the  petitioner  has  deposited, 
as  a  guaranty  for  the  fulfillment  of  the  propositions  which  he  may  have 
made  or  admitted  in  the  course  of  the  proceedings,  the  1  per  cent  of 
the  total  estimate  of  the  said  works. 

(Articles  41,  83,  and  115  of  the  Regulations.) 

ART.  76.  The  Colonial  Department,  or  the  proper  corporation,  shall 
make  investigation,  as  determined  by  the  Regulations,  in  order  to  prove 
the  utility  of  the  project.  If  the  work  referred  to  should  be  included 
in  the  plans  referred  to  in  Articles  19,  33,  and  43  of  this  Law,  it  shall 
not  be  necessary  to  make  this  investigation. 

(Articles  41,  83,  and  115  of  the  Regulations.) 


20 

ART.  77.  When  the  project  is  approved  in  the  manner  prescribed  by 
the  Regulations,  when  the  work  "has  been  gone  over  on  the  ground  by 
the  Engineers  of  the  State,  or  by  the  technical  officials  designated 
by  the  Deputation  or  Municipal  Councils,  according  to  circumstances, 
and  when  the  conditions  of  the  concession  are  mutually  accepted,  the 
Colonial  Secretary,  in  case  of  State  works,  shall  present  to  the  Cortes 
the  form  of  law  necessary  to  grant  it,  in  accordance  with  the  provisions 
of  Article  73. 

(Articles  41,  42,  43,  and  84  of  the  Regulations.) 

ART.  78.  When  the  maximum  subsidy  which  may  be  given  for  the 
projected  work  has  been  fixed  by  a  law,  in  case  of  State  works,  or  by 
the  Deputation  or  the  proper  Municipal  Council,  in  case  of  works  in 
charge  of  these  corporations,  the  concession  shall  be  offered  for  public 
bids  on  this  basis  for  three  months;  and  it  shall  be  awarded  to  the 
best  bidder,  with  the  obligation  to  pay  to  the  petitioner,  if  he  should 
not  be  given  the  award,  the  value  of  the  studies  of  the  project,  in 
accordance  with  the  expert  appraisal  made  and  announced  previously 
to  the  bidding,  in  the  form  determined  by  the  Regulations. 

(Articles  43,  44,  45,  52,  53,  84,  86,  and  116  of  the  Regulations.) 

ART.  79.  In  order  to  take  part  in  the  bidding  it  is  necessary  to  prove 
that  there  has  been  deposited,  as  a  guaranty  of  the  propositions  which 
are  presented,  the  1  per  cent  of  the  total  value  of  the  work,  according 
to  the  approved  estimate. 

(Articles  43,  84,  and  116  of  the  Regulations.) 

ART.  80.  In  no  case  can  the  instrument  awarding  the  concession  be 
executed  until  the  concessionaire  has  proved  that  he  has  deposited,  as 
a  guarantee  of  the  fulfillment  of  his  obligations,  5  per  cent  of  the 
estimated  value  of  the  works. 

If  the  concessionaire  allows  fifteen  days  to  pass  without  depositing 
the  guaranty,  the  award  shall  be  declared  to  be  without  effect,  with  the 
loss  of  the  deposit  referred  to  in  the  preceding  article,  the  concession 
or  the  work  being  again  put  up  for  public  bids  for  the  period  of  forty 
days. 

The  guaranty  treated  of  in  this  article  shall  not  be  returned  to  the 
company  to  which  the  concession  is  granted  until  the  works  of  the  con- 
cession shall  be  completely  finished  and  in  condition  for  operation. 

(Articles  46,  85,  and  117  of  the  Regulations.) 

ART.  81.  The  provisions  of  Article  64  of  the  present  law  concerning 
the  supervision  which  the  Administration  must  exercise  over  the  works 
during  their  construction  and  operation,  are  applicable  to  subsidized 
works. 

The  supervision  of  subsidized  works  shall  extend  also  to  the  eco- 
nomic and  mercantile  part  of  the  company  to  which  the  concession  is 
granted,  so  that  the  delivery  of  the  aids  or  subsidies  shall  be  made  in 
proportion  to  the  executed  works,  in  accordance  with  the  stipulated 
provisions. 

(Articles  55  and  88  of  the  Regulations.) 


21 

ART.  82.  No  variation  or  modification  whatever  may  be  made  in  the 
project  which  shall  serve  as  the  basis  of  a  subsidized  concession  with- 
out a  competent  authorization  of  the  Colonial  Department  or  the  cor- 
poration which  might  have  granted  it. 

The  authorization  of  the  Colonial  Department  in  connection  with 
works  subsidized  by  the  State  can  not  be  granted  until  after  hearing 
the  proper  corporation  and  the  full  Council  of  State,  and  after  fulfilling 
the  other  requisites  required  by  the  Regulations  for  the  execution  of 
this  law. 

(Articles  47  and  45  of  the  Regulations.) 

ART.  83.  When,  in  consequence  of  the  variations  referred  to  in  the 
preceding  article,  the  cost  of  the  works  is  diminished,  the  amount  of 
the  aid  or  subsidy  shall  be  reduced  proportionately  to  such  diminution. 

If  the  variations  or  modifications  should  result  in  increasing  the 
cost,  even  when  by  means  of  them  the  works  will  be  perfected  or  ad- 
vantages obtained  in  their  use  or  operation,  the  subsidies  and  the 
aids  granted  by  the  law  of  concession  shall  not  for  these  reasons  be 
increased  unless  the  contrary  shall  be  provided  for  by  special  law. 

(Articles  47  and  85  of  the  Regulations.) 

ART.  84.  The  declaration  of  forfeiture  of  the  subsidized  concession 
shall  be  made  by  the  Colonial  Department  in  all  cases  affecting  State 
works,  and  in  the  other  cases  by  the  Deputation  or  the  Municipal 
Council  which,  in  accordance  with  Article  73,  may  have  granted  such 
concessions. 

Whenever  the  forfeiture  of  a  concession  with  subsidy  has  been  finally 
declared,  the  amount  of  the  guaranty  which,  in  accordance  with  Arti- 
cle 80,  may  have  been  required  from  the  concessionaire,  shall  remain 
for  the  benefit  of  the  State,  or  of  the  proper  corporation. 

(Articles  48  and  85  of  the  Regulations.) 

ART.  85.  Concessions  of  subsidized  public  works  shall  be  absolutely 
forfeited  if  the  work  shall  not  be  begun  or  terminated  entirely,  or  in 
the  parts  into  which  it  may  have  been  divided,  within  the  time  deter- 
mined on. 

Whenever  there  is  a  case  of  force  majeure,  and  it  is  duly  proved  by 
virtue  of  an  investigation  made,  as  provided  by  the  Regulations,  the 
time  may  be  extended  for  that  absolutely  necessary.  If  the  subsidy 
comes  from  general  funds,  the  Colonial  Secretary  must  grant  the  exten- 
sion of  time,  after  hearing  the  Council  of  State. 

At  the  end  of  the  extension,  the  concession  shall  be  forfeited,  if 
within  that  period  the  stipulations  are  not  carried  out. 

(Articles  49  and  85  of  the  Regulations.) 

ART.  86.  When  by  the  fault  of  the  company  the  public  service  of  a 
subsidized  work  is  interrupted,  the  Colonial  Secretary,  the  Deputations, 
or  the  Municipal  Council,  as  the  case  may  be,  shall  immediately  adopt 
the  necessary  measures  to  assure  its  provisional  operation  at  the 
expense  of  the  concessionaire. 


22 

Within  six  months  the  company  must  prove  that  it  has  sufficient 
resources  to  continue  the  operation,  which  it  may  assign  to  another 
company  or  to  a  third  person,  after  previous  special  authorization  of 
the  Government  or  the  proper  corporation.  If  even  by  these  means  the 
service  is  not  continued,  the  concession  shall  be  considered  forfeited. 

(Articles  50  and  85  of  the  Kegulations.) 

ART.  87.  From  the  resolution  of  the  Government  declaring  forfeiture 
the  concessionaire  may  appeal,  by  the  administrative  jurisdiction  on 
contests,  within  the  period  of  two  months  from  the  day  on  which  he 
may  have  been  notified.  When  this  period  has  passed  without  an 
appeal  being  made,  the  decision  of  the  Government  shall  be  considered 
as  consented  to. 

The  concessionaires  may  also  appeal  by  the  administrative  jurisdic- 
tion of  contests,  within  the  same  time,  from  the  decision  of  forfeiture 
which,  according  to  its  powers,  may  be  made  by  the  Deputations  or  the 
Municipal  Councils,  after  the  appeal  to  the  Government  shall  have  been 
exhausted,  in  the  manner  prescribed  by  the  Law. 

(Articles  48  and  85  of  the  Kegulations.) 

ART.  88.  When  a  forfeiture  of  a  subsidized  concession  is  finally  de- 
clared, the  executed  works  shall  be  offered  to  public  bids  for  the  term 
of  three  months.  The  basis  for  these  bids  shall  be  the  value,  accord- 
ing to  appraisal,  of  the  lands  acquired,  of  the  completed  works,  and  of 
the  materials  of  construction  and  operation  thereof,  deducting  the 
amounts  which,  as  aid  or  subsidy,  may  have  been  given  to  the  conces- 
sionaire in  lands,  works,  cash,  or  other  kind  of  property. 

(Articles  51  and  85  of  the  Kegulations.) 

ART.  89.  If,  at  the  auction  referred  to  by  the  preceding  article,  there 
should  be  no  bidder,  a  new  auction  shall  be  advertised  for  the  period 
of  two  months,  on  the  basis  of  two-thirds  of  the  amount  of  the  appraisal. 
If  even  then  the  sale  should  be  prevented  because,  there  were  no  bid- 
ders, it  shall  be  announced  the  third  and  last  time,  for  a  period  of  one 
month,  at  a  fixed  amount. 

(Articles  51  and  85  of  the  Kegulations.) 

ART.  90.  If  at  any  of  the  three  auctions  referred  to  in  the  previous 
articles,  propositions  admissible  within  the  advertised  terms  shall  be 
made,  the  work  shall  be  awarded  to  the  best  bidder,  who  shall  give  in 
guarantee  5  per  cent  of  the  amount  of  the  works  which  are  incoin- 
pleted,  and  shall  receive  the  concession  under  the  same  conditions  as 
were  granted  in  the  forfeited  one,  being  substituted  to  the  previous 
concessionaire  in  all  his  rights  and  obligations,  and  subject  to  the 
provisions  of  the  present  Law. 

(Articles  51  and  85  of  the  Kegulations.) 

ART.  91.  From  the  proceeds  of  the  works  publicly  sold,  which  shall 
be  paid  by  the  concessionaire,  in  the  manner  prescribed  by  the  previous 
article,  there  shall  be  deducted  the  expenses  of  the  appraisal  and  sale, 
and  the  rest  shall  be  turned  over  to  whomsoever  it  may  belong. 

(Articles  51  and  85  of  the  Kegulations.) 


23 

ART.  92.  In  case  tlie  concession  should  not  be  awarded  at  any  of  the 
three  auctions,  the  State,  Province,  or  town  in  whose  charge  the  work 
may  be,  shall  take  charge  of  all  which  may  have  been  constructed,  and 
shall  continue,  if  it  deems  it  proper,  by  means  of  a  new  concession, 
which  shall  be  granted  in  all  things  in  conformity  to  the  provisions  of 
this  Law,  without  the  first  concessionaire  in  such  case  having  any  right 
to  any  indemnity  whatsoever. 

(Articles  51  and  85  of  the  Regulations.) 

CHAPTER  VIII. 

CONCESSIONS  OF  THE  PUBLIC  DOMAIN  AND  OF  THE  DOMAIN  OF  THE 

STATE. 

ART.  93.  Concessions  which  individuals  or  companies  request  for  the 
execution  of  works  which  have  constantly  to  occupy  or  use  a  part 
of  the  public  domain  devoted  to  general  use,  shall  in  all  cases  be 
made  by  the  Colonial  Department,  which  shall  follow  the  provisions 
established  for  this  purpose  in  Chapter  VI  and  in  Chapter  VII  of  this 
Law,  according  to  whether  there  are  involved  subsidized  works  or  those 
for  the  execution  of  which  an  aid  of  some  sort  is  asked  from  the  public 
funds. 

(Article  122  of  the  Regulations.) 

ART.  94.  Individuals  or  companies  who  ask  for  a  concession  of  the 
public  domain  for  the  construction  of  a  work  of  general  or  private  use 
shall  direct  their  petition  to  the  Colonial  Department  or  its  delegates, 
with  a  project  made  in  accordance  with  the  Regulations  for  the  execu- 
tion of  this  Law. 

The  Colonial  Department  shall  examine  the  investigations  which  go 
to  prove  the  established  rights  in  the  public  domain  which  it  is  desired 
to  occupy,  the  advantages  or  inconveniences  which  might  result  to  the 
general  interests  from  this  work,  and  the  other  circumstances  which  it 
may  be  desirable  to  take  into  account  before  the  granting  of  the  con- 
cession ;  all  of  which  shall  be  done  in  accordance  with  the  provisions  of 
the  special  laws  and  of  the  Regulations. 

(Articles  123,  124,  125,  134,  and  135  of  the  Regulations.) 

ART.  95.  If,  from  the  investigation  referred  to  in  the  preceding  arti- 
cle, it  should  appear  that  the  work  in  question  does  not  hinder  or  impede 
the  use  of  the  public  domain  affected  thereby,  the  concession  may  be 
granted  by  the  Colonial  Department  or  its  delegates,  in  accordance 
with  the  provisions  of  the  special  laws  of  the  several  works,  adding 
among  the  general  provisions  the  following: 

First.  The  time  in  which  the  works  shall  commence  and  be  completed. 

Second.  The  conditions  for  the  establishment  and  use  of  the  work  and 
the  consequences  of  failure  to  comply  with  these  conditions. 

Third.  The  guarantee  which  the  concessionaire  shall  give  in  order  to 
secure  the  fufillment  of  the  stipulated  provisions. 


24 

Fourth.  The  cases  in  which  the  concession  may  be  declared  forfeited, 
as  well  as  the  consequences  of  such  forfeiture. 

Fifth.  The  establishment  of  maximum  rates  designated  for  the  use 
and  profit  of  the  works. 

(Article  126  of  the  Regulations.) 

ART.  96.  If,  before  any  decision  shall  be  made  concerning  the  peti- 
tions of  the  public  domain  referred  to  in  the  preceding  articles,  there 
should  be  another  or  other  petitions  incompatible  with  the  first,  the 
Colonial  Department  shall  select  those  which  offer  the  best  terms  to 
the  public  interests,  for  which  purpose  an  investigation  of  the  com- 
peting projects  shall  be  held,  in  the  manner  determined  by  the  Regula- 
tions. 

In  similar  cases,  nevertheless,  and  in  those  in  which  it  is  not  believed 
to  be  opportune  because  of  special  circumstances,  the  Colonial  Depart- 
ment may  decide  that  the  concession  be  given,  after  a  public  bidding, 
in  accordance  with  the  provisions  of  Articles  97  and  98.  • 

(Articles  127,  128,  129,  130,  131,  132,  and  133  of  the  Regulations.) 

ART.  97.  If,  from  the  investigation  referred  to  in  Article  94,  it  should 
appear  that  the  work  does  not  hinder  or  impede  the  use  and  profit  to 
which  the  part  of  the  public  domain  affected  by  the  work  may  be 
devoted,  the  concession  may  also  be  granted  by  the  Colonial  Depart- 
ment when  it  is  thus  deemed  proper  for  the  general  interests. 

The  concession,  in  the  case  of  the  present  article,  shall  always  be 
made  after  public  bidding,  which  shall  be  based  in  the  first  place  on 
the  reductions  in  the  rates  approved  for  the  use  and  profit  of  the  work ; 
and  in  case  of  equality  of  these  rates,  on  the  raising  of  the  price  which 
shall  previously  have  been  designated  for  the  part  of  the  public  domain 
which  shall  have  to  be  ceded. 

(Articles  135  and  136  of  the  Regulations.) 

ART.  98.  The  conditions  of  the  concession  when, .in  accordance  with 
the  previous  article,  it  shall  have  been  made  through  public  bidding, 
shall  be  those  indicated  in  Article  95;  adding  that  the  person  to  whom 
the  award  is  made  shall  be  obliged,  when  he  is  not  the  same  one  who 
presented  the  project,  to  pay  the  petitioner  the  expenses  which  said 
project  may  have  occasioned  him,  according  to  expert  appraisal  made 
and  published  previously  to  the  public  sale. 

(Article  137  of  the  Regulations.) 

ART.  99.  When,  for  the  Concessions  of  the  class  referred  to  in  Arti- 
cle 97,  two  or  more  petitions  may  have  been  presented,  the  Colonial 
Secretary  shall  select,  by  the  procedure  determined  by  Article  9(>,  the 
one  which  appears  most  proper  to  serve  as  the  basis  of  the  public 
biddings  which  must  determine  to  whom  the  concessions  shall  finally 
be  granted. 

(Article  138  of  the  Regulations.) 

ART.  100.  The  concessions  referred  to  in  the  previous  articles  of 
this  Chapter  shall  be  granted  for  ninety-nine  years  at  most,  except  in 


25 

the  cases  wherein  the  special  laws  of  public  works  establish  a  longer 
period,  or  when  the  concession  is  granted  by  means  of  a  special  law 
which  may  thus  determine. 

In  all  cases  these  concessions  shall  be  understood  to  be  made  with- 
out prejudice  to  third  parties  and  protecting  vested  rights.  The  con- 
cessionaire shall  consequently  be  responsible  for  the  damages  and 
injuries  which  the  work  may  occasion  to  private  property  or  to  the 
part  of  the  public  domain  not  occupied  by  him. 

(Article  139  of  the  Regulations.) 

ART.  101.  When  the  concession  is  granted  and  the  guaranty  is 
deposited,  an  instrument  shall  be  executed  in  which  shall  appear  the 
grant  of  the  concession  and  the  stipulated  conditions;  certifying 
besides  to  the  deposit  of  the  guaranty,  and  adding  a  printed  and 
authorized  copy  of  this  Law  and  of  the  Regulations  for  its  execution. 

(Article  139  of  the  Regulations.) 

ART.  102.  The  concessionaire  may  transfer  his  concession  or  freely 
alienate  the  works,  it  being  understood,  however,  that  the  one  who 
substitutes  him  in  his  rights  also  substitutes  him  in  his  obligations 
imposed  by  the  provisions  of  the  concession,  and  that  the  guaranties 
which  he  may  have  made  to  cover  his  liability  remain  in  existence. 

Of  the  alienation  or  transfer  of  the  rights  belonging  to  the  conces- 
sionaire, an  account  shall  be  given  to  the  Colonial  Department,  or  to 
the  corporation  which  might  have  granted  the  concession,  for  the  proper 
purposes. 

(Article  139  of  the  Regulations.) 

ART.  103.  When  the  concession  is  made,  the  Administration  shall 
have  the  right  to  see  that  the  stipulated  conditions  are  absolutely  ful- 
filled, as  well  during  the  execution  of  the  works  as  during  their 
operation. 

The  guaranty  referred  to  in  the  third  paragraph  of  Article  95  shall  be 
returned  to  the  concession naire  when  he  proves  that  he  has  completed 
the  works,  and  this  shall  be  made  to  appear  in  his  document  of 
concession. 

(Article  139  of  the  Regulations.) 

ART.  104.  The  declaration  of  forfeiture  of  the  concession  of  the  public 
domain,  in  a  proper  case,  shall  be  pronounced  by  the  Colonial  Secre- 
tary, after  proceedings  have  been  had,  in  which  the  interested  party 
shall  be  especially  heard.  The  consequences  of  the  forfeiture  shall  be 
those  which  for  similar  cases  are  established  in  Chapters  VI  and  VII 
of  this  Law. 

When  the  forfeiture  is  declared,  the  instrument  granting  the  conces- 
sion shall  be  null,  and  shall  be  surrendered. 

(Article  139  of  the  Regulations.) 

ART.  105,  When  a  work  which  shall  permanently  occupy  a  part  of 
the  public  domain,  in  which  there  is  no  public  use  or  profit  whatever, 
is  to  be  carried  out  by  individuals  or  companies,  the  administrative 
authorization  which  the  Colonial  Secretary  or  his  delegates  is  author- 


26 

ized  to  grant  shall  be  sufficient,  in  accordance  with  the  provisions  of 
special  laws  and  of  the  Kegulations. 

(Articles  141, 142, 143,  and  144  of  the  Kegulations.) 

ART.  106.  The  person  requesting  the  authorization  referred  to  in  the 
preceding  article  shall  accompany  with  his  petition  a  plan  in  which 
shall  appear  the  object  of  the  work,  the  part  of  the  public  domain  it 
is  intended  to  occupy,  and  an  estimate  of  the  works. 

This  project  shall  pass  through  the  proceedings  prescribed  by 
special  laws  and  the  Eegulations  before  the  authorization  shall  be 
granted. 

(Article  140  of  the  Regulations.) 

ART.  107.  When,  for  the  execution  or  operation  of  a  work  requested 
by  individuals  or  companies,  it  shall  be  necessary  to  occupy  perma- 
nently a  part  of  the  public  domain  devoted  to  general  use,  there  shall 
first  be  also  obtained  the  authorization  of  the  Colonial  Secretary  or  his 
delegates.  This  authorization  may  be  granted  without  demanding  any 
guaranty  or  the  presentation  of  the  project,  and  by  the  brief  proceed- 
ings which  are  designated  by  the  Regulations. 

(Article  145  of  the  Regulations.) 

ART.  108.  The  administrative  authorization  is  also  needed  for  the 
execution  or  operation  of  a  work  which  affects  established  servitudes 
on  private  property  for  the  benefit  of  the  public  domain. 

This  authorization  shall  be  granted  by  the  Colonial  Secretary  or  his 
delegates,  as  in  the  case  of  the  preceding  article;  but  it  may  be  per- 
petual, saving  always  the  rights  of  private  property. 

(Article  145  of  the  Regulations.) 

ART.  109.  For  the  works  devoted  to  the  operation  of  a  private  indus- 
try, the  occupation  of  matters  connected  with  the  public  domain  may 
be  granted,  in  accordance  with  the  provisions  of  this  general  Law  and 
the  special  laws  of  public  works;  when  the  concession  referred  to  in 
the  preceding  paragraph  has  been  made,  the  individual  or  company 
obtaining  it  may  construct  the  work  and  make  use  of  it  in  the  manner 
in  which  it  may  be  deemed  convenient,  without  further  intervention  on 
the  part  of  the  Government  than  that  relating  to  the  safety,  policing, 
and  management  of  the  public  domain. 

(Article  146  of  the  Regulations.) 

ART.  110.  When,  for  the  execution  of  a  work,  by  companies  or  in- 
dividuals, devoted  to  public  or  to  private  use,  there  may  be  occupied 
a  part  of  the  public  domain  of  the  State,  the  previous  concession  of 
the  Colonial  Secretary 'shall  be  necessary,  in  accordance  with  the  pro- 
visions of  the  articles  of  this  Chapter  treating  of  public  domain;  but 
always  with  the  indispensable  prerequisite  that  there  be  public  bid- 
ding, at  which  the  project  of  the  petitioner  shall  serve  as  the  basis. 

The  bidding  shall  have  for  its  object  the  determination  of  the  amount 
which  the  concessionaire  shall  have  to  pay  for  the  domain  ceded,  and 
shall  take  place  in  accordance  with  the  formalities  necessary  for  the 
sale  of  public  lands,  the  concession  being  granted  to  the  best  bidder. 


27 

The  petitioner  shall  have  the  right  of  preference  on  equal  terms  at 
the  bidding,  and,  in  case  he  shall  not  take  the  concession,  of  being 
indemnified  by  the  person  to  whom  it  is  awarded,  for  the  expenses  of 
the  project,  according  to  expert  appraisal  made  and  published  before 
the  public  sale. 

(Article  147  of  the  Regulations.) 

ART.  111.  The  authorization  of  the  Colonial  Secretary  is  necessary 
to  execute  or  operate  a  work  which  changes  servitudes  established  in 
the  domain  of  the  State. 

This  authorization  shall  be  ceded  in  conformity  with  similar  proceed- 
ings to  those  established  by  Article  108  of  this  Law. 

(Article  148  of  the  Eegulations.) 

ART.  112.  The  resolutions  concerning  concessions  by  competent 
authority  of  the  public  domain  and  of  the  domain1  of  the  State,  shall 
be  final,  saving  the  appeals  which  may  be  proper  according  to  the  Laws. 

CHAPTER  IX. 

DECLARATION   OF  PUBLIC   UTILITY. 

ART.  113.  Before  the  execution  of  any  work  devoted  to  public  use,  who- 
ever may  construct  it,  there  shall  be  the  declaration  of  public  utility. 

From  this  formality  are  excepted : 

First.  The  works  which  are  in  charge  of  the  State  and  which  are  car- 
ried out  in  accordance  with  the  provisions  of  Chapter  III  of  the  present 
Law. 

Second.  The  works  included  in  the  general  provincial  or  municipal 
plans,  designated  in  Articles  19,  33,  and  43  of  the  Law. 

Third.  Every  work,  of  whatsoever  kind,  the  construction  of  which 
may  have  been  authorized  by  special  law. 

No  work  devoted  to  private  use  can  be  declared  of  public  utility. 

(Article  149  of  the  Eegulations.) 

ART.  114.  The  declaration  of  public  utility  shall  carry  with  it,  so  far 
as  the  individuals  who  request  it  are  concerned: 

First.  The  right  of  neighborhood  for  the  builders  and  their 
employees,  which  consists  of  the  use  of  the  objects  enjoyed  in  common 
in  the  district  of  the  towns  in  which  the  works  are  situated. 

Second.  The  application  of  the  law  of  eminent  domain  to  private 
property  in  accordance  with  the  provisions  of  the  said  Law  and  of  the 
Regulations  for  its  execution. 

Third.  The  exemption  from  the  land  tax  and  the  property  tax  on  the 
transfers  of  property  which  may  take  place  in  consequence  of  the 
application  of  the  said  law  of  eminent  domain. 

The  declaration  of  public  utility  may  also  carry  with  it  the  exemp- 
tion from  other  temporary  or  permanent  taxes,  whenever  it  is  thus 
determined  by  a  special  law  for  each  case. 

(Article  150  of  the  Regulations.) 


28 

ART.  115.  The  declaration  of  public  utility,  when  it  shall  have  been 
made  in  accordance  with  the  provisions  of  Article  113  and  shall  carry 
with  it  the  application  of  the  law  of  eminent  domain,  shall  be  made  by 
the  legislative  power  in  relation  to  works  which,  in  the  judgment  of  the 
Government,  are  of  great  importance;  by  the  Colonial  Department  in 
reference  to  works  paid  for  by  the  general  funds  of  the  State,  the  bud- 
gets of  which  are  approved,  and  by  the  Governor-General  in  reference 
to  provincial  and  municipal  works,  which  may  embrace  the  territory  of 
two  or  more  provinces,  and  which  may  be  submitted  to  his  resolution 
according  to  Article  45;  by  the  Governor-General  in  reference  to  State, 
provincial,  or  municipal  works,  the  projects  of  which  may  be  approved 
by  his  authority,  according  to  this  law,  and  by  the  respective  Governors 
in  what  refers  to  provincial  and  municipal  works  which  are  within  the 
territory  of  his  jurisdiction. 

In  case  the  exercise  of  the  right  of  eminent  domain  is  not  requested, 
the  Municipal  Councils  shall  have  the  right  to  make  the  declaration  of 
public  utility  when  the  work  is  municipal,  and  is  included  in  one 
municipal  district;  the  Provincial  Deputations  shall  make  the  declara- 
tion when  the  work  is  provincial,  and  when,  being  municipal,  it  is 
included  in  two  or  more  towns ;  and  lastly,  the  Colonial  Secretary  or 
the  Governor-General,  respectively,  when  the  work  is  in  charge  of  the 
State,  and  when,  being  provincial,  it  shall  embrace  territories  belonging 
to  more  than  one  province. 

(Articles  152, 153, 154, 155, 156, 157, 158,  and  159  of  the  Eegulations.) 

ART.  116.  The  individual  or  company  which  asks  for  the  declaration 
of  public  utility  of  a  work  shall  annex  to  his  or  its  petition  a  complete 
project,  so  that  judgment  thereof  may  be  formed,  and  of  its  object, 
of  the  private  property  which  it  shall  occupy,  and  of  the  advantages 
which  shall  accrue  to  the  general  interests. 

(Article  151  of  the  Regulations.) 

ART.  117.  Before  adopting  a  resolution,  the  project  shall  be  submit- 
ted to  an  investigation,  in  which  shall  be  heard,  in  the  first  place,  all 
those  interested  in  the  condemnation  proceedings,  if  the  application  of 
the  law  of  eminent  domain  is  requested,  and  afterwards  the  other  indi- 
viduals, officers,  and  corporations  that,  for  each  case,  are  specified  in 
the  Eegulations. 

When  the  investigation  has  been  made,  in  the  cases  in  which  the 
declaration  of  public  utility  is  to  be  declared  by  the  Cortes,  the  Colonial 
Secretary  shall  present  the  proper  form  of  law.  As  to  the  rest,  the 
Colonial  Secretary,  his  delegates,  or  the  proper  corporation  shall  decide 
upon  the  declaration  requested,  as  may  be  deemed  proper. 

(Articles  152,  153, 154,  155,  156, 157, 158,  and  159  of  the  Eegulations.) 

ART.  118.  The  resolutions  which,  in  relation  to  public  utility,  may  be 
adopted  by  the  competent  central  Provincial  or  Municipal  Administra- 
tion shall  be  final,  saving  the  appeals  which  are  proper  in  accordance 
with  the  Law. 

(Article  160  of  the  Eegulations.) 


29 


CHAPTER  X. 

COMPETENCY   OF  JURISDICTION  IN   MATTERS   CONNECTED  WITH 

PUBLIC  WORKS. 

ART.  119.  The  administrative  jurisdiction  to  hear  disputes  shall  hear 
the  appeals  against  the  rulings  of  the  Administration — 

First.  When  the  forfeiture  of  a  concession  made  to  individuals  or 
companies  in  the  terms  prescribed  by  this  law  is  declared. 

Second.  In  all  those  cases  in  which  the  administrative  resolutions 
which  are  final  aft'ect  rights  acquired  by  virtue  of  rulings  emanating 
from  the  same  Administration. 

ART.  120.  The  tribunals  of  justice  shall  have  jurisdiction  of — 

First.  Questions  which  may  arise  between  the  Administration  and 
individuals  concerning  the  public  domain  or  private  property,  and  con- 
cerning servitudes  founded  on  titles  of  civil  rights. 

Second.  Questions  which  may  arise  between  individuals  concerning 
the  preferred  right  to  the  public  domain,  according  to  the  present  law, 
when  the  preference  is  founded  on  titles  of  civil  rights. 

Third.  Questions  relative  to  damages  and  injuries  occasioned  to  a 
third  person  in  his  property  right,  the  alienation  of  which  is  not  com- 
pellable  under  the  right  of  eminent  domain,  by  reason  of  the  establish- 
ment or  use  of  the  works  which  are  the  subject  of  the  concession,  or  for 
any  other  causes  depending  on  the  concession. 

CHAPTER  XL 

GENERAL   PROVISIONS. 

ART.  121.  Foreign  capital  which  is  employed  in  public  works  and  in 
the  acquisition  of  lands  necessary  for  them,  shall  be  exempt  from 
reprisals,  confiscations,  and  embargoes  by  reason  of  war. 

ART.  122.  The  provisions  of  the  present  Law  do  not  invalidate  any 
of  the  rights  acquired  prior  to  its  publication  and  in  accordance  with 
the  legislation  on  which  they  may  have  been  founded. 

ART.  123.  The  proceedings  relative  to  public  works  which,  on  the 
publication  of  these  Laws,  may  be  pending,  shall  be  carried  out  in 
accordance  with  the  prior  legislation  under  which  they  were  started, 
unless  the  interested  parties  prefer  to  submit  to  the  provisions  of  the 
present  Law. 

In  case  there  are  several  interested  parties,  and  they  do  not  agree, 
the  proceedings  shall  follow  the  provisions  of  the  former  legislation. 

ART.  124.  The  Colonial  Secretary,  after  hearing  the  Secretary  of  the 
Navy  regarding  matters  of  ports  which  affect  the  services  depending 
on  that  Department,  and  by  himself  in  the  others,  but  always  after  a 
report  of  the  Consulting  Board  of  Koads,  Canals,  and  Ports,  and  after 


30 

hearing  the  full  Council  of  State,  may  decide  that  the  special  laws  pub- 
lished in  the  Peninsula  relative  to  railroads,  highroads,  waters,  and  ports 
may  be  extended  to  the  Colonies,  and  of  the  Eegulations  and  instruc- 
tions for  their  application,  introducing  in  them  the  modifications  which 
he  may  deem  proper ;  but  always  after  the  report  of  the  Consulting 
Board  of  Eoads,  Canals,  and  Ports,  and  after  hearing  the  full  Council 
of  State. 

ART.  125.  All  laws,  decrees,  and  other  prior  provisions  affecting 
public  works  which  may  be  in  conflict  with  the  present  Law  are  hereby 
repealed. 

Madrid,  April  19,  1883. 


GENERAL  GOVERNMENT  OF  THE  ISLAND  OF  CUBA, 

Office  of  the  Secretary,  Department  of  Public  WorJcs. 
The  Colonial  Department,  under  date  of  the  26th  of  last  April,  com- 
municates to  His  Excellency,   the  Governor-General,  the  following 
Eoyal  Order: 

YOUR  EXCELLENCY:  In  compliance  with  Article  2  of  the  Royal  Decree  of  the  19th 
instant,  ordering  that  the  General  Law  of  Public  Works  be  applied  to  the  Island  of 
Cuba,  His  Majesty,  the  King  (whom  God  preserve),  in  conformity  with  what  has 
been  consulted  with  the  full  Council  of  State,  has  seen  fit  to  approve  the  annexed 
Regulations  for  the  execution  and  fulfillment  of  said  law.  By  Royal  Order  I  com- 
municate it  to  Your  Excellency  for  your  information  and  consequent  action. 

And  the  approval  of  His  Excellency  having  been  given  on  the  19th 
of  the  present  month,  by  his  superior  order  there  follows  the  publication 
of  the  said  Eegulations,  for  general  information. 

Habana,  May  30,  1883. 

The  Secretary  of  the  General  Government. 

M.  DIAZ   DE   LA   QUINTANA. 
31 


REGULATIONS  FOR  THE  EXECUTION  OF  THE  GEN- 
ERAL LAW  OF  PUBLIC  WORKS  OF  THE  ISLAND  OF 
CUBA. 


TITLE  FIKST. 

•WORKS  IN  CHARGE  OF  THE  STATE. 
CHAPTER  1. 

PROJECTS  AND  CONSTRUCTION  OF  WORKS  BY  THE  METHOD  OF  ORDI- 
NARY CONTRACTS. 

ART.  1.  In  accordance  with  Article  4  of  the  General  Law  and  the 
special  laws  for  each  kind  of  works,  the  following  are  in  charge  of 
the  State: 

First.  Highroads,  railroads,  and  ports  included  in  the  corresponding 
plans. 

Second.  Light-houses  for  the  illumination  of  the  coast,  and  the 
establishment  of  all  kinds  of  maritime  signals. 

Third.  The  work  of  retaining  within  their  beds  and  making  naviga- 
ble the  principal  rivers,  and  the  drainage  of  lakes  and  marshes  belong- 
ing to  the  State. 

Fourth.  Civil  constructions  for  the  service  of  the  Administration  of 
the  State. 

(Article  4  of  the  Law.) 

ART.  2.  The  Colonial  Secretary,  who  has  the  administrative  manage- 
ment of  the  works  designated  in  the  preceding  article,  shall  make  the 
plans  of  those  which  are  in  charge  of  the  State,  following  the  proceed- 
ings laid  down  in  the  proper  Eegulations  for  the  execution  of  the  laws 
of  highroads,  railroads,  and  ports. 

(Article  19  of  the  Law.) 

ART.  3.  The  Colonial  Secretary,  in  conformity  with  the  provisions  of 
Article  22  of  the  General  Law,  shall  order  the  study  of  the  works 
included  in  the  plans  of  the  State,  in  the  order  in  which  they  are 
respectively  mentioned  and  according  to  the  legislative  credits  which 
admit  of  it. 

(Article  22  of  the  Law.) 

ART.  4.  When  the  study  of  any  work  shall  be  necessary,  the  Gov- 
ernor-General may  give  the  proper  order  to  the  Inspector-General  of 
Public  Works,  who  shall  communicate  it  to  the  Engineer  of  the  respec- 
21634 3  33 


34 

tive  Province.  Said  Engineer  shall  make  the  estimate  of  the  expenses 
which  the  study  may  necessitate,  and  shall  submit  it  for  superior 
approval.  The  Governor-General  shall  give  this  approval  when  the 
amount  does  not  exceed  5,000  pesos,  and  the  Colonial  Secretary  shall 
do  so  in  all  other  cases. 

(Article  20  of  the  Law.) 

ART.  5.  Whenever  the  work  affects  the  territories  of  two  or  more 
provinces,  the  Chief  Engineers  of  each  two  contiguous  provinces  must 
beforehand  as  to  the  connecting  points  which  it  is  advisable  to  adopt. 
If  there  be  disagreement,  the  Colonial  Secretary  shall  decide  on 
reports  of  the  said  Chiefs  and  after  hearing  the  Consulting  Board  of 
Eoads,  Canals,  and  Ports.  After  the  said  point  has  been  decided,  each 
engineer  shall  proceed  independently  within  his  territory.  In  the  said 
case,  the  Colonial  Secretary,  when  he  shall  deem  it  opportune,  may 
order  the  direction  of  the  plan  to  be  intrusted  to  one  of  the  two  Chief 
Engineers,  or  he  may  appoint  for  the  purpose  another  member  of  the 
Corps. 

(Article  22  of  the  Law.) 

ART.  6.  Every  project  must  consist  of  the  following  documents: 

First.  Explanatory  memorial. 

Second.  Plans. 

Third.  Articles  of  technical  conditions. 

Fourth.  Estimate. 

This  last  document  shall  include,  besides  the  cost  of  the  work,  the 
amounts  which  it  may  be  considered  necessary  for  condemnation  pro- 
ceedings, and  the  drainage  necessary  for  the  foundations  of  hydraulic 
works,  as  well  as  all  the  other  dependencies  of  the  work,  with  the 
object  of  forming  an  idea  of  the  total  cost. 

When  the  projected  work  may  be  operated,  with  earnings,  there  shall 
be  accompanied  the  schedule  of  rates  which  are  to.  be  established  for  its 
use  and  profit,  and  the  basis  on  which  the  application  of  the  proposed 
schedule  is  to  be  made,  as  well  as  a  calculation  of  the  proposed  gain  to 
the  company. 

The  projects  of  the  works  shall  be  made  in  accordance  with  the  forms 
which  govern  at  the  time  of  their  formation,  as  well  as  the  general  rules 
of  the  service  and  the  special  instructions  which  in  each  case  the  gen- 
eral Direction  may  deem  it  convenient  to  establish. 

(Articles  22  and  26  of  the  Law.) 

ART.  7.  For  works  of  ports,  besides  the  formalities  expressed  in  the 
preceding  article,  those  provided  by  the  special  law  concerning  the 
preliminary  plans  and  investigations,  which  must  precede  the  drafting 
of  the  final  projects,  must  be  observed. 

(Article  22  of  the  Law.) 

ART.  8.  Works  of  repair  can  not  be  carried  out  until  after  the 
approval  of  the  estimates  made  by  the  Chief  Engineers  of  the  Prov- 
ince, in  accordance  with  the  instructions  which  exist  for  this  kind  of 
service. 


35 

For  the  preservation  of  the  existing  works  in  charge  of  the  State 
the  Chief  Engineers  shall  draft  annual  estimates,  which,  with  ample  time, 
shall  be  sent  through  the  General  Inspection  for  the  proper  approval. 

(Article  32  of  the  Law.) 

ART.  9.  When  a  work  not  included  in  the  plans  of  the  State  is  under 
consideration,  the  execution  of  which  shall  nevertheless  be  deemed 
proper  in  the  judgment  of  the  Government,  the  Colonial  Secretary  shall 
order  that  the  Engineers  make  a  preliminary  project  of  the  work. 

This  preliminary  project  shall  be  drawn  in  accordance  with  the 
instructions  which  may  be  given  in  each  case,  and  shall  always  consist 
of  a  memorial  and  plans  which  give  a  clear  idea  of  the  work  and  of  its 
principal  details,  with  an  idea  of  its  cost. 

If  the  work  affects  more  than  two  provinces,  the  rules  fixed  in  article 
5  as  to  connecting  points  shall  be  taken  into  consideration  in  the  draft- 
ing of  the  preliminary  project,  of  which  as  many  copies  shall  be  made 
as  there  may  be  provinces  interested  in  the  work. 

(Articles  20  and  22  of  the  Law.) 

ART.  10.  The  preliminary  project  referred  to  in  the  preceding  article 
shall  be  submitted  to  an  investigation  concerning  the  propriety  or 
necessity  of  the  execution  of  the  work,  in  which  shall  be  heard — 

First.  All  those  individuals  who  may  be  interested  in  the  work,  for 
which  purpose  it  shall  be  exhibited  in  the  office  of  the  Secretary  of  the 
General  Government  for  a  period  which  shall  be  announced  in  the 
Boletines  Oficiales  of  the  respective  provinces,  and  which  shall  be  not 
less  than  thirty  days. 

Second.  The  Municipal  Councils  and  the  Deputations  of  the  localities 
and  provinces  affected  by  the  work. 

Third.  The  Boards  of  Agriculture,  Industry,  and  Commerce  of  the 
said  Provinces. 

Fourth.  The  military  authorities,  the  naval  authorities,  and  the  Pro- 
vincial Health  Boards  in  special  cases  in  which  it  is  necessary,  because 
demanded  by  the  nature  of  the  work. 

Fifth.  The  Engineers  in  charge  of  the  service  and  the  Chief  Engineers 
of  the  Provinces,  so  that  they  may  make  explanations  concerning  the 
claims  which  may  have  been  made  during  the  investigation. 

Said  investigation  shall  be  sent  in  each  province  by  the  Governor 
of  the  same  to  the  Governor-General  of  the  Island,  with  his  own  opin- 
ion, and  he,  after  hearing  the  General  Inspection  of  Public  Works 
and  the  Consulting  Board  of  the  Island,  shall  send  it  with  his  report 
to  the  Colonial  Secretary. 

All  the  above  named  documents  shall  be  sent  to  the  Consulting  Board 
of  Koads,  Canals,  and  Ports  for  the  proper  report  thereon. 

(Articles  20  and  22  of  the  Law.) 

ART.  11.  If,  in  view  of  the  result  of  the  investigation  referred  to  in 
the  preceding  article,  it  may  be  deemed  convenient  or  necessary  to 
execute  the  work  in  question,  the  Colonial  Secretary  shall  present  to 
the  Cortes  the  form  of  law  which  in  this  case  is  necessary,  in  order  to 


36 

undertake  the  work,  in  accordance  with  the  provisions  of  Article  20  of 
the  general  Law  of  Public  Works.  When  this  authorization  has  been 
once  granted,  the  final  study  shall  be  made,  which  shall  follow  the  pro- 
ceedings set  forth  in  Articles  3  to  7  of  the  present  Regulations. 

(Articles  20  and  22  of  the  Law.) 

ART.  12.  If  the  work  should  be  of  admitted  urgency,  after  the 
requisites  provided  by  Article  20  of  the  Law  shall  have  been  fulfilled, 
the  Colonial  Secretary  shall  decide  upon  the  immediate  drafting  of  the 
project,  without  waiting  for  the  making  of  the  estimate  of  the  studies 
referred  to  in  Article  4  of  these  Regulations,  without  prejudice  that, 
as  soon  as  possible,  the  said  estimate  shall  be  made  and  sent  for 
superior  approval. 

(Articles  20  and  22  of  the  Law.) 

ART.  13.  In  fulfillment  of  the  provisions  of  the  general  Law  of  Public 
Works,  the  Government  shall  not  include  in  the  general  budgets — 

First.  The  credits  necessary  for  the  preservation  of  all  existing  works 
in  charge  of  the  State,  in  view  of  the  estimates  which  the  General 
Inspectors  of  Public  Works,  through  the  General  Government,  must 
annually  send  for  this  purpose,  as  provided  by  Article  8  of  these 
Regulations. 

Second.  The  credits  demanded  by  the  repair  of  said  works,  accord- 
ing to  the  estimates  mentioned  in  the  same  article. 

Third.  The  amounts  necessary  for  new  works,  the  execution  of  which 
is  properly  authorized  in  accordance  with  Articles  20  and  21  of  the 
general  Law,  and  the  projects  of  which  are  properly  approved;  said 
amounts  shall  include  the  probable  expenses  of  condemnation  proceed- 
ings, drainage,  and  other  matters  referred  to  in  Article  6  of  the  present 
Regulations. 

Fourth.  The  sums  which  may  be  reasonably  judged  necessary  to 
carry  out  the  projects  of  new  works,  and  of  repairs  which  might  have 
been  studied  during  the  corresponding  economic  year. 

Fifth.  The  amount  for  the  works  which  it  might  be  necessary  to 
execute  because  of  admitted  urgency,  in  accordance  with  the  provisions 
of  said  Article  20  of  the  general  Law. 

(Article  21  of  the  Law.) 

ART.  14.  The  Colonial  Secretary  shall  decide  on  the  method  which 
must  be  followed  in  constructing  a  public  work  in  charge  of  the  State, 
subject  to  the  provisions  of  Article  24  of  the  general  Law,  and  also,  in 
a  proper  case,  to  the  provisions  of  the  Royal  Decree  of  the  5th  of  May, 
1876,  after  the  Engineers,  who  may  have  drawn  the  project,  shall  have 
been  heard,  as  well  as  the  Chief  Engineer  of  the  Province  or  of  the 
proper  service,  and  of  the  Consulting  Board. 

(Article  24  of  the  Law.) 

ART.  15.  If  the  work  should  have  to  be  executed  by  the  method  of 
management,  it  shall  be  constructed  by  the  Engineers  of  Roads,  Canals, 
and  Ports,  in  accordance  with  the  provisions  which  exist  or  might  exist 
in  this  branch  of  the  service. 


37 

If  the  work  shall  have  to  be  carried  out  by  the  method  of  contract, 
the  Engineers  of  the  State  shall  have  the  right  to  superintend  the  con- 
struction, in  order  to  see  that  the  special  conditions  are  carried  out, 
make  the  provisional  and  the  final  acceptance,  as  well  as  the  final  esti- 
mate; all  of  which  is  prescribed  by  the  Regulations  of  the  service. 

(Article  29  of  the  Law.) 

ART.  16.  If  the  work  shall  have  to  be  executed  by  contract,  the  pub- 
lic bidding  which  shall  precede  it  shall  be  made  in  accordance  with  the 
provisions  existing  for  the  contracting  for  such  public  service  and  the 
Regulations  established  for  that  purpose,  for  those  which  specially 
belong  to  the  Colonial  Department. 

ART.  17.  In  the  construction  of  every  public  work  which  shall  be 
carried  out  by  the  contract  method,  and  in  accordance  with  the  first  of 
the  methods  indicated  in  Article  25  of  the  general  Law,  there  shall 
govern — 

First.  The  general  conditions  established,  or  which  in  the  future  may 
be  established,  for  all  kinds  of  contracts  for  public  works  in  charge  of 
the  Colonial  Department. 

Second.  The  technical  conditions  which  form  part  of  the  project 
and  which  have  been  approved,  together  with  the  latter. 

Third.  The  particular  and  economic  conditions  which  in  each  case 
the  Colonial  Department  or  the  Governor-General  may  establish,  in 
which  shall  be  stated  in  detail,  besides  the  special  clauses  which  the 
nature  of  each  contract  might  demand,  the  guarantee  which  is  to 
be  given  by  the  contractor  as  security  for  the  carrying  out  of  his  obli- 
gations, the  times,  manner,  and  places  in  which  payments  are  to  be 
made,  the  dates  on  which  the  work  shall  be  begun  and  finished, 
and  the  time  for  which  the  contractor  has  to  guarantee  and  be  respon- 
sible for  the  solidity  and  stability  of  the  executed  works. 

(Article  25  of  the  Law.) 

ART.  18.  The  studies  of  projects  and  the  execution  of  works  which 
are  included  under  the  classification  of  civil  constructions  devoted  to 
service  depending  on  the  Colonial  Department  shall  be  carried  out  in 
accordance  with  the  provisions  of  this  chapter  concerning  public  works 
in  general,  without  other  distinction  than  that  the  architects  who  shall 
have  charge  of  said  construction,  shall  do  the  work  which  in  the  other 
case  is  in  charge  of  the  Engineers  of  Roads,  Canals,  and  Ports. 

(Article  28  of  the  Law.) 

CHAPTER  II. 

CONCESSIONS  FOR   THE  CONSTRUCTION  WITHOUT   SUBSIDY  OF   WORKS 
INCLUDED   IN   THE   GENERAL   PLANS   OF   THE   STATE. 

ART  19.  Concessions  of  public  works  in  charge  of  the  State  which 
are  included  in  the  plans  of  the  same,  and  which  are  asked  for  without 
aid  or  subsidy  of  any  kind,  shall  be  made  by  the  Colonial  Department 


38 

to  the  companies  or  individuals  who  may  request  them,  after  the  pro- 
ceedings laid  down  by  these  Regulations. 

(Article  53  of  the  Law.) 

ART.  20.  The  granting  of  every  concession  mentioned  in  the  pre- 
ceding article  shall  only  be  after  the  drafting  of  the  proper  project. 

If  there  is  no  project  drawn  by  the  Engineers  of  the  Government  for 
the  work  in  question,  it  may  be  left  to  private  initiative  to  make  the 
studies,  as  provided  by  Article  56  of  the  general  Law  of  Public  Works. 

(Article  56  of  the  Law.) 

ART.  21.  In  the  case  of  the  preceding  article,  the  individual  or  com- 
pany that  may  desire  to  draw  the  project,  shall  petition  the  Colonial 
Department  asking  for  the  proper  authorization,  which  may  be  given 
him  after  he  has  made  a  guaranty  to  pay  for  the  damages  which  his 
operations  may  cause,  the  amount  of  which  may  be  fixed,  keeping  in 
mind  the  importance  of  the  project  and  the  special  circumstances  of 
the  ground  which  it  is  to  occupy. 

In  case  the  authorization  is  granted,  a  period  shall  be  fixed  for  the 
presentation  of  the  project,  the  order  being  published  in  the  Gaceta  de 
la  Habana  and  the  Boletines  Oficiales  of  the  interested  provinces. 

The  petitioner  to  whom  this  authorization  is  granted  shall  enjoy  all 
the  advantages  which  in  such  cases  are  granted  by  Article  56  of  the 
Law,  and  shall  present  the  project  to  the  Colonial  Department  or  the 
General  Government  within  the  limited  time.  If  this  is  not  done,  the 
authorization  which  has  been  granted  shall  be  considered  annulled, 
unless  the  petitioner  shall  have  asked  for  and  obtained  an  extension  of 
time  for  this  purpose,  which  shall  only  be  granted  once,  all  petitions 
for  further  extension  being  ignored. 

The  guaranty  shall  be  returned  to  the  petitioner  when  he  presents 
the  project,  after  a  certificate  showing  that  he  has  satisfied  all  damages 
which  he  may  have  occasioned. 

Every  individual  or  company  may  for  itself  study  the  projects  of 
works  included  in  the  plans  of  the  State  without  the  authority  referred 
to  in  Article  56  of  the  general  Law,  but  in  such  case  it  shall  have  no 
right  to  the  advantages  granted  by  said  article. 

(Articles  55  and  56  of  the  Law.) 

ART.  22.  The  projects  drawn  by  individuals  for  works  referred  to  in 
the  preceding  articles  shall  consist  of  the  same  documents  and  be 
drawn  in  accordance  with  the  same  forms  and  provisions  which  are 
demanded  for  the  works  of  the  State,  as  provided  by  Article  6  of  these 
Regulations. 

(Article  55  of  the  Law.) 

ART.  23.  On  presenting  a  project  to  the  Colonial  Department  or  to 
the  General  Government,  the  individual  or  company  that  shall  have 
drawn  it  shall  also  present,  as  a  guaranty  of  the  fulfillment  of  his  or  its 
obligations,  the  document  which  shows  that  he  or  it  has  deposited  in 
the  proper  place  an  amount  equivalent  to  1  per  cent  of  the  total  esti- 


39 

mate  for  the  execution  of  the  work.  The  General  Office  of  Adminis- 
tration and  Public  Works  of  the  said  Department  or  the  Secretary  of 
the  General  Government  of  the  island,  shall  give  a  receipt  for  the 
project  to  the  interested  party,  stating  the  day  and  the  hour  on  which 
it  may  have  been  presented.  This  receipt  shall  constitute  prima  facie 
proof  for  every  question  of  priority  which  may  arise  in  the  course  of  the 
proceedings. 

(Article  57  of  the  Law.) 

ART.  24.  The  project  shall  then  be  sent  to  the  Chief  Engineer  of  the 
Province,  in  order  that  he  mny  go  over  it  on  the  ground  for  the  purpose 
of  determining  exactly  the  tacts  which  it  contains.  The  expenses 
which  this  may  entail  shall  be  paid  by  the  petitioner,  who  shall  deposit 
their  amount  in  the  Treasury  of  the  Province  or  in  the  General  Treasury 
of  the  island  before  this  work  is  begun. 

Of  the  result  of  the  comparison,  as  well  as  of  the  other  details  of  the 
project,  the  Engineer  shall  give  a  detailed  report,  which  shall  be  sent 
to  the  respective  Governor,  to  be  attached  to  the  other  papers. 

Thereafter  an  investigation  shall  be  made  directly  by  the  Governors 
of  the  interested  Provinces,  concerning  the  propriety  of  making  the 
concession,  and  concerning  the  proposed  rates  for  the  use  and  profit  of 
the  works.  In  this  investigation  individuals  who  might  consider  them- 
selves interested  shall  be  heard  orally,  and  they  may  be  compelled  to 
answer  interrogatories  which  may  be  specially  framed  for  each  partic- 
ular case.  Thereafter  the  corporations  and  officials  who,  according  to 
the  importance  and  nature  of  the  works,  it  may  be  deemed  convenient 
to  consult,  shall  be  heard  in  writing;  and  in  all  cases  there  shall  be 
heard  the  Provincial  Deputations  and  the  Chief  Engineers  of  the  corre- 
sponding Provinces  or  services. 

The  Governors  shall  send  the  reports,  with  their  own  opinions,  to  the 
Governor-General,  who,  with  his  opinion,  and  after  complying  with  the 
proper  legal  steps,  shall  send  it  to  the  Colonial  Secretary,  enclosing  the 
projects  which  he  may  have  received  from  the  Chief  Engineers. 

(Article  58  of  the  Law.) 

ART.  25.  When  the  project  refers  to  ports,  besides  the  formalities 
established  in  the  preceding  article,  those  shall  be  observed  which  are 
established  for  this  purpose  by  the  special  Law  of  Ports  and  the  Regu- 
lations for  its  execution. 

(Article  58  of  the  Law.) 

ART.  26.  On  fulfilling  the  provisions  of  the  preceding  articles,  the 
Consulting  Board  of  Roads,  Canals,  and  Ports  shall  be  heard,  which 
shall  give  an  opinion  concerning  the  project  and  the  rates,  and  the 
basis  on  which  they  may  have  made  an  investigation. 

When  these  formalities  have  been  complied  with,  the  concession  may 
be  granted,  if  proper,  in  view  of  the  result  of  the  proceedings,  by 
means  of  a  Royal  Decree  through  the  Colonial  Secretary  drawing  the 
proper  instrument,  which  shall  be  delivered  to  the  concessionaire. 

(Article  58  of  the  Law.) 


40 

ART.  27.  No  variation  or  modification  whatever  shall  be  introduced 
in  the  approved  project  for  a  concession  of  this  class,  without  the 
proper  authorization  of  the  Colonial  Secretary,  after  hearing  the 
opinion  of  the  Consulting  Board  of  Eoads,  Canals,  and  Ports. 

(Article  58  of  the  Law.) 

ART.  28.  In  every  concession,  besides  the  technical  conditions  of  the 
project  for  the  execution  of  the  work  and  those  of  the  general  ones 
which  may  be  applicable,  there  shall  govern  other  particular  condi- 
tions, in  which  shall  be  included  the  special  ones  which  govern  con- 
tracts of  public  works  which  may  be  considered  proper,  according  to 
the  result  of  the  proceedings;  and  there  must  appear  among  them  the 
following : 

First.  The  designation  of  the  guaranty  which  the  concessionaire 
shall  give  in  security  for  the  fulfillment  of  his  obligations.  This  guar- 
anty shall  be  from  3  to  5  per  cent  of  the  amount  of  the  estimate,  and 
shall  not  be  returned  to  the  interested  party  until  he  has  proved  the 
construction  of  the  works  and  the  supply  of  materials  to  the  value  of 
one-third  at  least  of  the  total  cost  of  the  work,  according  to  appraise- 
ment made  by  the  Engineers  in  charge  of  the  superintendence  of  the 
work,  applying  to  those  which  may  have  been  made  the  prices  of  the 
approved  estimate. 

The  guaranty  in  every  case  shall  be  made  where  contracted,  within 
the  term  of  one  month  from  the  date  of  the  granting  of  the  concession, 
on  the  penalty  of  the  loss  by  the  concessionaire  of  all  right,  including 
that  of  the  deposit,  if  this  shall  not  have  been  done. 

Second.  The  dates  on  which  the  concessionaire  shall  commence  and 
complete  the  works,  as  well  as  the  progress  with  which  they  shall  be 
constructed  in  given  periods,  in  order  that  they  may  be  concluded 
within  the  time  provided  for. 

Third.  The  schedule  of  rates  which  may  have  been  approved  for  the 
use  and  profit  of  the  works,  as  well  as  the  basis  for  their  application. 

Fourth.  The  time  during  which  the  concessionaire  shall  have  the 
right  to  enjoy  the  proceeds  of  the  rates  referrred  to  in  the  preceding 
article,  which  can  not  exceed  ninety-nine  years. 

Fifth.  The  cases  of  forfeiture  of  the  concession. 

Besides  this,  it  must  be  seen  that  the  concession  shall  be  granted 
without  prejudice  to  the  third  party  and  saving  private  rights^ 

(Articles  59  and  66  of  the  Law.) 

ART.  29.  Every  concession  of  this  kind  shall  be  forfeited  if  any  of 
the  special  conditions  designated  in  the  preceding  article  are  not  com- 
plied with,  if  the  preservation  of  the  works  during  their  operation  is 
not  properly  attended  to,  and  if  the  operation  is  not  carried  on  in 
accordance  with  the  terms  agreed  upon. 

The  case  provided  in  Article  60  of  the  general  Law  of  Public  Works 
shall  also  be  a  case  of  forfeiture. 

The  declaration  of  forfeiture  shall  be  made  by  the  Colonial  Depart- 
ment, after  proceedings  in  which  there  shall  be  heard  the  concession- 


41 

aire,  the  Consulting  Board  of  Roads,  Canals,  and  Ports,  and  the 
Colonial  Department  of  the  Council  of  State.  From  this  decision  the 
interested  party  may  appeal  by  means  of  the  administrative  jurisdic- 
tion of  contests. 

(Articles  59  and  67  of  the  Law.) 

ART.  30.  When  the  forfeiture  of  a  concession  has  been  declared,  the 
Engineers  who  may  have  been  designated  by  the  Governor-General, 
shall  proceed  to  make  an  estimate  of  the  works  completed  and  the 
materials  furnished  and  their  valuation,  according  to  the  prices  of  the 
approved  estimates. 

The  measurement  and  the  valuation,  accompanied  by  an  explanatory 
memorial  and  plans  which  show  the  state  in  which  the  works  are 
found  at  the  time,  shall  be  sent  to  the  Colonial  Department  for  its 
approval,  after  report  of  the  Consulting  Board  of  Eoads,  Canals,  and 
Ports. 

(Article  67  of  the  Law.) 

ART.  31 .  To  every  concession  which  is  declared  forfeited,  there  shall 
be  immediately  applied  articles  68  to  71,  both  inclusive,  of  the  General 
Law  of  Public  Works;  and  for  the  purpose  of  the  public  bidding  on 
the  executed  works,  the  valuation  made  and  approved  in  accordance 
with  the  provisions  of  the  preceding  article  shall  serve  as  a  basis. 

(Articles  68,  69,  70,  and  71  of  the  Law.) 

ART.  32.  During  the  period  set  forth  in  Article  63  of  the  Law  of 
Public  Works,  there  shall  be  admitted  in  the  General  Government  of 
the  Island  all  the  projects  presented  by  individuals  or  companies  to 
carry  on  the  work,  the  concession  of  which  may  have  been  requested. 

In  said  case,  in  order  that  the  projects  may  be  admitted,  they  shall 
be  accompanied  by  a  document  which  proves  that  the  deposit  of  1  per 
cent  designated  in  Article  23  of  these  Regulations  has  been  made. 
The  admitted  projects  shall  be  submitted  to  all  the  provisions  of 
Articles  22,  24,  and  25  of  these  Regulations. 

(Article  63  of  the  Law.) 

ART.  33.  When  more  than  one  project  shall  have  been  presented  for 
the  same  work,  there  shall  be  a  comparison  on  the  ground  made  for 
each  one  of  them;  and  the  investigations  provided  by  Article  24  shall 
include  the  advantages  or  disadvantages  which  may  result  from  their 
comparison,  in  order  to  ascertain  which  is  preferable.  The  same  object 
shall  be  kept  in  mind  by  the  Consulting  Board  of  Roads,  Canals,  and 
Ports,  or  by  the  Royal  Academy  of  San  Fernando,  as  the  case  may  be, 
on  investigating  the  proceedings  of  the  concession  in  the  manner  pro- 
vided by  Article  26. 

When  the  report  shall  have  been  made  by  the  proper  Corporation,  the 
proceedings  shall  pass  to  the  Colonial  Department  of  the  Council  of 
State,  and  after  this  requisite  has  been  complied  with  there  shall  be 
decided  by  Royal  Decree  the  preference  which  shall  in  each  case  be 
given  to  one  of  the  several  competing  projects,  in  order  to  grant  its 
author  the  concession  requested. 


42 

The  petitioner  or  petitioners  whose  projects  shall  have  been  rejected 
shall  have  no  right  to  any  claim  or  indemnity  whatsoever. 

(Article  61  of  the  Law.) 

ART.  34.  When,  from  the  investigations  instituted,  there  should  result 
an  equality  among  the  conditions  of  two  or  more  projects  presented  for 
the  same  work,  the  concession  shall  be  made  after  public  bidding  and 
on  the  basis  of  the  project  which  shall  first  have  been  presented  to  the 
Colonial  Department  or  to  the  General  Government  of  the  Island, 
excepting  the  modifications  introduced  therein  in  consequence  of  exam- 
inations which  shall  have  been  made  in  compliance  with  the  provisions 
of  these  Regulations. 

The  petitioner  of  the  first  project  shall  in  such  case  show  his  accept- 
ance of  the  modifications  introduced  and  his  consent  to  the  bidding. 
If  he  shall  refuse  to  do  either,  his  project  shall  be  ignored  and  it  shall 
be  returned  to  him,  together  with  the  deposit  which  he  may  have  made. 

Then  the  person  who  presented  the  second  project  shall  have  this 
privilege,  and  so  on,  observing  the  same  procedure;  and  if  none  of  the 
petitioners  signifies  his  acceptance,  it  shall  be  declared  that  there  will 
be  no  grant  of  the  concession. 

(Article  61  of  the  Law.) 

ART.  35.  When  the  Colonial  Department  shall  have  once  decided 
that  the  concession  be  granted  after  public  bids,  before  announcing  tlie 
sale,  the  project  which  shall  serve  as  the  basis  of  the  bidding,  in  accord- 
ance witli  the  provisions  of  the  preceding  article,  shall  be  appraised. 

The  appraisement  shall  be  made  independently  by  experts  named, 
one  by  the  Governor- General  of  the  Island  and  the  other  by  the  inter- 
ested petitioner.  In  case  of  disagreement,  a  third  shall  be  named  by 
agreement  of  these  two;  and  if  this  agreement  can  not  be  reached,  the 
appointment  shall  be  made  by  the  proper  judicial  authority. 

In  the  appraisal  there  shall  be  included  the  material  expenses  of  all 
kinds  occasioned  by  the  drawing  of  the  project,  and  also  the  proper 
interest  on  the  principal  advanced  to  pay  for  these  expenses.  To  the 
appraisal  thus  made,  shall  be  added  the  fees  of  the  experts.  When  the 
appraisal  has  thus  been  made,  it  shall  be  sent  for  the  approval  of  the 
Colonial  Secretary,  who,  before  rendering  a  decision,  shall  hear  the 
Consulting  Board  of  Roads,  Canals,  and  Ports. 

(Article  62  of  the  Law.) 

AUT.  36.  When  the  amount  of  the  value  of  the  project  has  been 
determined,  the  public  sale  of  the  concession  shall  be  announced  for  a 
period  determined  by  the  Colonial  Secretary;  and  at  this  sale  there 
may  take  part  not  only  the  authors  of  the  projects  presented,  but  also 
all  those  who  may  desire  the  concession,  providing  they  show  that  they 
have  made  the  deposit  of  one  per  cent  of  the  estimate  of  the  works. 

The  bidding  shall  take  place  in  Havana  in  the  office  of  the  General 
Government,  and  shall  be  based  in  the  first  place  on  reductions  in  the 
schedules  of  rates  of  the  concession  which  may  have  been  fixed,  in  the 
manner  prescribed  by  the  third  paragraph  of  Article  28. 


43 

The  proposals  shall  be  sealed,  and  in  strict  accordance  with  the  form 
which  shall  be  presented,  wherein  shall  appear  in  writing  the  per  cent 
of  reduction  which  the  bidder  agrees  to  make  on  the  amount  fixed  for 
the  sale,  this  percentage  being  the  same  and  the  only  percentage  for 
all  parts  of  the  schedule. 

When  the  propositions  presented  shall  have  been  read,  the  person 
who  signed  the  one  offering  the  greatest  reduction  shall  be  declared 
the  best  bidder,  and  a  minute  of  the  sale  shall  be  made,  which  shall  be 
sent  for  the  approval  of  the  Colonial  Secretary. 

(Article  62  of  the  Law.) 

ART.  37.  If  from  the  reading  of  the  propositions  it  should  appear 
that  two  or  more  equally  advantageous  ones  have  been  presented, 
there  shall  immediately  be  a  new  open  bidding,  in  which  only  those 
shall  take  part  who  have  signed  equal  propositions.  This  bidding 
shall  be  based  on  the  reduction  of  the  number  of  years  which,  in 
accordance  with  paragraph  4  of  Article  28  of  these  Eegulations,  shall 
have  been  fixed  for  the  concession,  and  shall  last  at  least  fifteen  min- 
utes, after  which  it  shall  terminate  when  the  President  so  orders,  after 
having  given  warning  three  times. 

(Article  62  of  the  Law.) 

ART.  38.  In  all  matters  not  expressly  modified  by  the  preceding 
articles,  the  instructions  approved  the  llth  of  September,  1869,  for  the 
conduct  of  public  biddings  for  public  service  and  works  of  the  Colonial 
Department  in  the  Island,  sjjall  govern,  it  being  understood  that  the 
deposit  to  take  part  in  the  bidding  shall  only  be  required  from  those 
who  are  not  authors  of  projects  previously  presented  and  not  withdrawn 
or  returned  for  lack  of  fulfillment  of  the  requisites  referred  to  in  Article 
34  of  these  Eegulations. 

The  petitioner  whose  project  shall  serve  asthe  basis  of  the  bids,  shall 
reserve  the  right  in  all  cases  of  preference  on  equal  terms,  and,  in  con- 
sequence thereof,  of  being  declared  the  person  to  whom  the  concession 
is  awarded  for  the  amount  which  shall  have  been  offered  by  the  best 
bidder.  In  order  to  exercise  this  privilege  he  shall  take  part,  either 
personally  or  by  representative  duly  authorized,  in  the  bidding,  which 
shall  be  extended  for  half  an  hour,  in  order  that  the  interested  party 
may  make  the  proper  declaration,  which,  in  a  proper  case,  shall  be  stated 
in  the  minutes  of  the  bidding.  If  this  half  hour  shall  elapse  without 
a  declaration  being  made,  it  shall  be  understood  that  the  petitioner 
renounces  the  right  to  preference  on  equal  terms,  and  the  President 
shall  declare  the  best  bidder  the  signer  of  the  proposition  which  is 
most  advantageous. 

(Articles  62  and  72  of  the  Law.) 

ART.  39.  If  the  person  to  whom  the  award  is  made  shall  not  be  the 
signer  of  the  proposition  whose  project  shall  serve  as  the  basis  of  the 
bids,  he  shall  be  obliged  to  pay  the  latter,  within  the  period  of  one 


44 

month,  the  amount  of  the  appraisal  of  the  project  made  in  the  manner 
prescribed  by  Article  35  of  these  Regulations. 

(Article  62  of  the  Law.) 

ART.  40.  When  one  of  the  concessions  included  in  the  present  chap- 
ter of  these  Regulations  shall  be  granted,  Engineers  of  the  Government 
shall  have  the  supervision  of  the  execution  of  the  works,  in  order  that 
they  may  be  constructed  in  accordance  with  the  approved  plans.  In  the 
same  manner  they  shall  have  the  supervision  of  the  inspection  before 
the  work  is  turned  over  to  the  public  service,  making  a  minute  of  this 
inspection,  which  shall  be  sent  to  the  Colonial  Department  through  the 
Inspection  of  Public  Works  and  the  Governor-General  of  the  Island ; 
and,  lastly,  they  shall  supervise  the  operation,  in  order  that  this  may 
be  carried  out  in  accordance  with  the  stipulated  conditions. 

(Article  64  of  the  Law.) 

CHAPTER  III. 

CONCESSIONS   TO    EXECUTE  WITH    SUBSIDY  WORKS    IN    CHARGE    OF 

THE    STATE. 

ART.  41.  When  a  work  included  in  the  plans  of  the  State  is  in 
question,  by  the  method  of  concession  to  individuals  or  Companies, 
and  with  a  subsidy  in  any  of  the  manners  provided  in  Article  73 
of  the  general  Law  of  Public  Works,  the  provisions  of  articles  20  to  25 
of  these  Regulations  shall  be  observed  irt  relation  to  the  plans. 

The  investigations  provided  for  in  article  24  shall  be  applied  in  this 
case  to  the  necessity  of  the  subsidy  and  the  amount  of  the  same. 

The  project,  with  the  schedule  of  rates  proposed  for  the  use  and 
profit  of  the  work,  and  the  investigations  which  shall  have  been  made 
in  the  proceedings,  shall  be  then  sent  to  the  Consulting  Board  of  Roads, 
Canals,  and  Ports,  for  the  final  decision  of  the  Colonial  Secretary  con- 
cerning the  approval  of  the  plans  and  proceeding  to  draw  the  basis  for 
the  grant  of  the  concession  and  the  collection  of  the  means  specified  in 
the  schedules,  as  well  as  the  special  conditions  as  to  the  powers  men- 
tioned in  Article  28  of  these  Regulations,  in  regard  to  all  of  which  the 
petitioner  must  express  his  acceptance. 

In  the  same  manner  the  kind  of  subsidy,  its  amount,  and  the  times 
and  manner  in  which  it  shall  be  paid  to  the  concessionaire,  in  accord- 
ance with  what  may  be  determined  on,  shall  be  fixed  according  to  the 
nature  of  the  works  and  the  special  laws  and  Regulations  for  their 
execution. 

(Articles  75, 76,  and  77  of  the  Law.) 

ART.  42.  When  the  bases  of  the  concession  have  been  agreed  on 
and  mutually  accepted,  the  appraisal  of  the  accepted  project  shall  be 
made,  which  shall  be  done  in  the  manner  provided  by  Article  35  of  the 
Regulations. 

(Article  77  of  the  Law.) 


45 

ART.  43.  With  the  facts  referred  to  in  the  two  preceding  articles, 
the  Colonial  Secretary  shall  present  to  the  Cortes  the  form  of  law  for 
the  granting  of  the  concession. 

When  the  law  is  promulgated  the  concession  shall  be  offered  at  pub- 
lic auction  for  the  period  of  three  months.  No  one  may  take  part  in 
these  auctions  except  those  who  prove  that  they  have  made  the  deposit 
of  1  per  cent  of  the  estimates  as  a  guarantee  of  the  fulfillment  of  the 
offers  which  they  make.  The  approved  estimate  shall  serve  as  the 
basis  of  the  bids,  which  shall  be  made  on  the  reduction  of  the  amount 
of  the  subsidy. 

The  bidding  shall  be  made  in  accordance  with  the  existing  rules,  and 
the  signer  of  the  most  advantageous  proposition  shall  be  declared  the 
best  bidder,  a  memorandum  being  made  thereof,  which  should  be  sub- 
mitted for  the  approval  of  the  Colonial  Secretary. 

(Articles  77,  78,  and  79  of  the  Law.) 

ART.  44.  In  case  of  equal  proposals  concerning  the  amount  of  the 
subsidy,  another  bidding  shall  be  made  within  the  period  of  ten  days 
by  means  of  sealed  bids. 

In  this  bidding  only  those  who  have  signed  the  propositions  which 
appear  equal  shall  take  part,  whose  deposits  shall  be  retained.  This 
second  bidding  shall  take  place  on  the  basis  of  the  reduction  of  the 
schedule  of  rates,  in  the  manner  provided  for  by  Article  36.  If  in  this 
auction  no  bid  whatsoever  shall  be  made,  or  if  there  should  again 
result  an  equality  of  the  best  propositions,  there  shall  immediately  be 
an  open  bidding  made,  based  on  a  reduction  in  the  time  of  the  conces- 
sion, in  the  manner  provided  for  by  Article  37.  If  the  proposer  should 
not  make  any  bid  at  this  open  bidding,  the  one  wbo  shall  have  drawn 
the  lowest  number  referred  to  in  Article  13  of  the  instructions  of  the 
18th  of  March,  1852,1  shall  be  declared  the  best  bidder;  this  drawing 
by  lot  shall  be  made  before  the  same  auction  board  referred  to  in  the 
preceding  article  of  these  Eegulatious. 

(Article  78  of  the  Law.) 

ART.  45.  The  petitioner  whose  project  shall  have  served  as  the  basis 
for  the  auction,  in  case  he  shall  not  bave  been  declared  the  best  bidder, 
shall  reserve  the  right  of  preference  on  equal  terms,  of  which  he  may 
take  advantage,  thus  declaring  at  the  time  of  the  bidding,  in  the  same 
manner  as  is  provided  in  Article  38  of  these  Eegulations.  In  such  case 
the  bid  shall  be  awarded  him  and  the  concession  shall  be  granted  to  him. 

If  the  petitioner  does  not  take  advantage  of  this  right,  the  bid  shall 
be  awarded  and  the  concession  shall  be  granted  to  the  best  bidder ; 
but  in  such  case  the  latter  shall  be  obliged  to  pay  to  the  petitioner  who 
presented  the  approved  project,  within  the  term  of  one  month,  the 
amount  of  the  appraisal  made  in  the  manner  provided  by  Article  42. 

(Article  78  of  the  Law.) 

ART.  46.  When  the  concession  is  granted,  the  concessionaire  shall 
deposit  in  the  proper  place  the  guaranty  for  the  security  of  the  fulfill- 


1  See  Art.  13  of  the  Instructions  of  the  13th  of  February,  1852. 


46 

ment  of  his  obligations.  This  guaranty  shall  in  such  case  be  an  amount 
equivalent  to  5  per  cent  of  the  estimate  of  the  works  included  in  the 
approved  plan. 

The  guaranty  shall  be  made  within  fifteen  days,  counting  from  the 
date  on  which  the  interested  party  is  notified  of  the  granting  of  the  con- 
cession, for  which  purpose  he  must  give  a  receipt  which  shall  show  the 
date  on  which  such  notice  was  given  him. 

If  the  concessionaire  allows  the  time  fixed  to  elapse  without  having 
deposited  the  guaranty,  the  award  shall  be  declared  without  effect, 
the  concession  being  again  open  to  public  bids  for  the  period  of  forty 
days,  and  the  interested  party  forfeiting  the  deposit  of  1  per  cent. 

The  guaranty  referred  to  in  this  article  shall  not  be  returned  to  the 
concessionaire  until  the  day  when,  being  finished,  the  works  shall  be 
turned  over  to  the  public  service,  after  the  proper  authorization  to  that 
effect. 

(Art.  80  of  the  Law.) 

ART.  47.  No  modifications  can  be  introduced  in  the  approved  proj- 
ect for  subsidized  works  without  the  prerequisites  demanded  by  article 
82  of  the  general  Law  of  Public  Works,  the  consequences  of  such 
variations  being  set  forth  in  article  84  of  the  same  Law. 

(Articles  82  and  83  of  the  Law.) 

ART.  48.  The  concession  of  a  subsidized  work  shall  be  forfeited 
whenever  its  stipulations  shall  not  be  complied  with.  The  forfeiture 
shall  in  such  case  be  declared  by  Royal  Decree  issued  by  the  Colonial 
Secretary,  and  it  shall  not  be  decreed  without  previous  proceedings,  in 
which  the  interested  party  shall  be  heard,  and  in  which  the  Consulting 
Board  of  Koads,  Canals,  and  Ports  and  the  full  Council  of  State 
shall  report. 

Every  forfeiture  shall  carry  with  it  the  loss  of  the  guaranty  given 
by  the  concessionaire,  to  whom  there  remains  the  appeal  by  way  of  the 
administrative  jurisdiction  of  contests,  in  order  to  make  such  claims  as 
may  be  deemed  proper,  according  to  the  provisions  of  article  87  of  the 
general  Law  of  Public  Works. 

(Articles  84  and  87  of  the  Law.) 

ART.  49.  In  case  of  force  majeure,  the  Colonial  Secretary  may  grant 
an  extension  for  the  completion  of  the  works,  in  conformity  with  the 
provisions  of  paragraph  2  of  article  85  of  the  Law.  In  order  to  grant 
it,  a  second  proceeding  shall  be  necessary,  which  shall  serve  as  the 
basis  of  a  petition  of  the  concessionaire,  stating  the  reasons  on  which 
the  request  is  founded  and  indicating  the  duration  of  the  extension. 

When  the  petition  of  the  concessionaire  is  presented  to  the  Governor- 
General  of  the  Island,  it  will  be  sent  to  the  governors  of  the  provinces 
in  which  the  work  is  to  be  done  according  to  the  project,  and  the  gov- 
ernors will  hold  an  investigation,  in  which  shall  be  heard  the  Provin- 
cial Deputations,  the  Board  of  Agriculture,  Industry,  and  Commerce  of 
the  place,  where  the  work  is  situated,  and  the  Chief  Engineers  of  the 
Provinces  or  service  to  which  the  works  belong. 


47 

There  shall  also  be  heard  the  officers  and  Corporations  that 
nial  Secretary  shall  designate,  as  the  case  may  demand. 

The  investigation  shall  deal  with  the  facts  stated  by  the  concession- 
aire in  his  petition  and  the  other  facts  which  the  Governor- General 
shall  deem  pertinent  in  connection  with  the  matter.  The  Chief  Engineers 
shall,  moreover,  discuss  the  question  and  state  whether,  in  their  opinion, 
the  time  requested  is  considered  sufficient  or  excessive  for  the  termina- 
tion of  the  works  which  still  remain  to  be  executed. 

The  proceedings  shall  be  sent  by  the  Governor-General,  with  his  own 
opinion  and  that  of  the  General  Inspection  of  Public  Works,  to  the 
Colonial  Secretary,  who,  after  hearing  the  opinion  of  the  Consulting 
Board  of  Eoads,  Canals,  and  Ports  and  the  full  Council  of  State,  shall 
decide  upon  the  requested  extension. 

In  no  case  shall  the  extension  be  granted  for  a  number  of  years 
greater  than  that  which,  according  to  the  stipulations  of  the  original 
conditions  of  the  concession,  shall  elapse  between  the  beginning  and 
the  termination  of  the  works. 

(Article  85  of  the  Law.) 

ART.  50.  In  case  the  operation  of  the  subsidized  work  shall  be  inter- 
rupted, the  provisions  of  Article  86  of  the  general  Law  of  Public  Works 
shall  be  followed. 

(Article  86  of  the  Law.) 

ART.  51.  When  the  forfeiture  of  a  concession  is  declared,  the  Engi- 
neers of  the  State  shall  proceed,  at  the  expense  of  the  concessionaire, 
to  the  appraisal  of  the  executed  works,  according  to  the  provisions  of 
Article  88  of  the  Law,  and  of  Article  30  of  these  Regulations,  concern- 
ing concessions  without  subsidies. 

When  this  appraisal  has  been  made  and  duly  approved,  the  biddings 
referred  to  in  Articles  88  and  89  of  the  said  general  Law  shall  be  pro- 
ceeded with,  the  said  appraisal  serving  as  the  basis  therefor,  and  the 
proceedings  following  the  provisions  of  Articles  90,  91,  and  92  of  the 
same  Law. 

(Articles  88,  89,  90,  91,  and  92  of  the  Law.) 

ART.  52.  Articles  32  and  33  of  these  Regulations,  concerning  the 
admission  of  projects  for  the  same  work  and  the  selection  by  the 
Colonial  Secretary  of  those  which  offer  the  greatest  advantages,  shall 
be  applicable  to  the  case  of  a  petition  for  subsidized  concessions.  The 
same  is  true  of  Article  34,  concerning  the  acceptance  by  the  petitioners 
of  the  modifications  which  the  superior  authority  may  deem  proper  to 
introduce  in  the  projects  for  the  bases  of  the  concession.  In  view 
of  all  these  proceedings,  there  shall  be  declared  which  of  the  projects 
presented  is  the  one  which  shall  serve  as  the  basis  for  the  biddings;  it 
being  always  "understood  that,  in  case  of  equality  of  all  other  circum- 
stances, this  declaration  shall  be  made  in  favor  of  the  project  which 
was  first  presented. 

(Article  78  of  the  Law.) 


48 

ART.  53.  When  the  project  which  shall  serve  as  the  basis  for  the 
public  bidding  shall  be  determined  on,  the  proceedings  shall  follow  the 
provisions  of  the  various  articles  of  this  chapter  for  cases  in  which 
there  is  only  one  project,  and  the  signer  of  the  one  selected  shall  have 
the  rights  which  are  reserved  to  him  by  Article  45  of  these  Regulations. 

(Article  78  of  the  Law.) 

ART.  54.  When,  at  the  cost  of  the  State  and  according  to  the  pro- 
visions of  Article  26  of  the  general  Law  of  Public  Works,  a  work  shall 
be  executed  for  the  use  and  profit  of  which  rates  have  been  established, 
the  operation  shall  be  carried  on  by  contract,  in  accordance  with  the 
provisions  of  this  chapter,  in  so  far  as  they  may  be  applicable  to  this 
case. 

Nevertheless  when,  after  the  proceedings  prescribed  by  said  article 
of  the  Law,  it  is  declared  convenient  that  the  operation  shall  be  carried 
on  at  the  expense  of  the  State,  said  operation  shall  be  made  by  man- 
agement and  in  accordance  with  the  special  instructions  which  in  each 
case  shall  be  given  by  the  Colonial  Secretary. 

(Article  26  of  the  Law.) 

ART.  55.  Besides  the  supervision  which  the  Engineers  of  the  Gov- 
ernment shall  exercise  over  the  execution  of  the  works  and  their  oper- 
ation, as  provided  by  Article  40  of  these  Regulations,  concerning  works 
without  subsidy,  said  officials  shall,  in  the  cases  included  in  this  Chap- 
ter III,  examine  into  the  conditions  under  which  the  concessionaire  shall 
receive  the  subsidy,  so  that  in  this  connection  the  stipulations  shall  also 
be  strictly  carried  out. 

TITLE  SECOND. 
PROVINCIAL  WORKS. 

CHAPTER  IV. 

PROJECTS  AND  EXECUTION  OF  WORKS  BY  ORDINARY  CONTRACTS. 

ART.  56.  The  roads  and  ports  for  their  respective  territories  which 
are  of  merely  provincial  interest,  and  the  sanitation  of  lakes  and 
marshes  referred  to  in  the  third  paragraph  of  Article  5  of  the  Law, 
are  in  charge  of  the  Provinces,  in  accordance  with  Article  5  of  the 
general  Law  and  the  special  law  of  Public  Works. 

The  plans  of  the  works  which  are  to  be  in  charge  of  the  correspond- 
ing Deputations  shall  be  made  as  determined  by  the  Regulations  for 
the  execution  of  the  special  law  of  Public  Works. 

(Articles  5,  9,  and  33  of  the  Law.) 

ART.  57.  When  the  plans  of  the  works  which  are  to  be  in  their 
charge  are  made  by  the  Deputation  of  a  Province,  they  shall  be  sent 
to  the  Colonial  Department  by  the  Governor-General,  with  his  report, 
showing  the  reasons  therefor. 


49 

His  approval,  if  proper,  shall  be  made  by  Eoyal  Decree,  published 
by  the  Colonial  Secretary. 

(Article  33  of  the  Law.) 

ART.  58.  When  the  plans  of  the  works  of  the  Provinces  have  been 
once  approved,  the  order  of  preference  fixed  for  them  shall  not  be 
changed  in  the  execution  thereof,  unless  after  a  proposal  of  the  Depu- 
tation assigning  reasons  therefor,  which  shall  be  submitted  to  the 
report  of  the  Municipal  Councils  of  the  towns  interested  in  the  proposed 
works  and  of  the  Chief  Engineer  of  the  Province. 

The  Governor  shall  send  the  proceedings,  with  his  report,  to  the 
Colonial  Secretary,  who  shall  decide  on  the  proposal  by  means  of  a 
Eoyal  Decree,  after  hearing  the  opinion  of  the  Consulting  Board  of 
Eoads,  Canals,  and  Ports. 

(Article  33  of  the  Law.) 

ART.  59.  Before  the  execution  of  any  work  included  in  the  plan  of  a 
Province,  there*  shall  first  be  a  resolution  of  the  Deputation,  which  shall 
in  such  case  order  the  Engineer  or  his  assistant  in  charge  of  provincial 
works  to  proceed  to  the  study  of  the  respective  project.  This  project 
shall  follow  in  its  draft  the  same  formulas  prescribed  for  the  works 
of  the  State,  and  when  it  has  been  once  finished  shall  pass  for  the 
report  of  the  Chief  Engineer  of  the  Province. 

When  this  report  is  made,  if  it  should  be  favorable,  the  Deputation 
may  approve  the  project,  or  otherwise  adopt  the  necessary  measures 
for  its  modification,  in  accordance  with  the  report  which  may  be  made 
by  the  Engineer. 

If  the  Deputation  is  not  satisfied  with  the  report  made  by  the  Chief 
Engineer,  it  shall  send  the  project  to  the  Governor-General,  in  order 
that  it  may  be  submitted  to  the  superior  authority,  the  Colonial  Depart- 
ment deciding  in  such  case  by  means  of  a  Eoyal  Decree,  after  hearing 
the  opinion  of  the  Consulting  Board  of  Eoads,  Canals,  and  Ports. 

(Article  15  of  the  Law.) 

ART.  60.  When  the  execution  of  a  work  of  those  included  in  the  plan 
shall  be  decided  on  by  the  Deputation,  and  the  project  approved  in  the 
manner  indicated  by  the  preceding  articles,  the  necessary  credit  for  its 
execution  shall  be  included  in  the  provincial  budget. 

The  work  may  be  carried  on  by  management  or  contract,  which  shall 
be  decided  on  by  the  Deputation  after  hearing  the  opinion  of  the 
expert  in  charge  of  provincial  works  on  this  point. 

(Articles  35  and  38  of  the  Law.) 

ART.  61.  If  the  works  shall  be  executed  by  management,  it  shall  be 
directed  by  the  technical  agents  of  the  Deputation  and  in  accordance 
with  the  instructions  which  these  may  give,  with  the  approval  of  the 
provincial  corporation. 

If  it  shall  be  made  by  contract,  this  can  not  be  carried  out  without 
public  bidding,  in  accordance  in  all  respects  to  what  is  prescribed  for 
21634 4 


50 

similar  cases  by  the  laws  for  the  works  in  charge  of  the  State,  in  Chap- 
ter I  of  these  Regulations. 

(Articles  38  and  39  of  the  Law.) 

ART.  62.  When  a  work  which  is  not  contained  in  any  of  the  plans  of 
the  province  is  in  question,  and  it  is  nevertheless  deemed  necessary  to 
execute  it  before  the  above-mentioned  plans,  there  must  in  all  cases  be 
first  made  the  .declaration  referred  to  in  the  second  paragraph  of  Article 
35  of  the  general  Law  of  Public  Works. 

For  this  declaration  the  proceedings  to  be  followed,  shall  be  started 
on  the  proposal  of  the  Provincial  Deputation  made  to  the  Governor, 
which  must  be  accompanied  by  the  project  of  the  work  in  question. 
The  Governor  shall  submit  this  proposition  to  the  same  proceedings  to 
which  the  formation  of  plans  of  provincial  works  are  subject,  thereafter 
sending  them,  with  his  own  report,  to  the  Colonial  Secretary  through 
the  Governor-General. 

The  proceedings  shall  pass  for  the  report  of  the  Consulting  Board  of 
Roads,  Canals,  and  Ports,  and  shall  finally  be  decided  by  means  of  a 
Eoyal  Decree  concerning  the  requested  declaration. 

The  information  above  mentioned  shall  not  be  necessary  when  there 
shall  have  been  promulgated  a  law  authorizing  the  execution  of  the 
work. 

In  case  the  work  be  of  such  nature  as  not  to  correspond  with  those 
which,  according  to  special  laws,  are  covered  by  the  plans  of  the  prov- 
inces, after  the  investigation  shall  have  been  made,  there  shall  be  pre- 
sented to  the  Cortes,  by  the  Colonial  Secretary,  a  form  of  decree,  in 
order  that  its  execution  may  be  authorized  by  the  legislative  power. 

(Article  35  of  the  Law.) 

ART.  63.  There  shall  precede  in  all  cases,  the  concession  of  public 
domain  and  the  declaration  of  public  utility,  to  the  execution  of  every 
provincial  work  which  is  not  included  in  the.  respective  plans,  in 
accordance  with  the  provisions  of  the  general  Law  of  Public  Works, 
and  according  to  the  proceedings  prescribed  by  title  fourth  of  the 
present  Regulations.  Exception  is  made  of  the  cases  provided  for  in 
the  previous  article,  when  the  authorization  should  have  been  or  shall 
be  granted  by  law. 

(Article  35  of  the  Law.) 

ART.  64.  The  works  of  repair  and  of  preservation  of  the  provincial 
works  shall  be  carried  out  in  accordance  with  the  credits,  which  for  this 
purpose  shall  be  included  in  the  budgets  of  the  Deputation  as  obliga- 
tory expenses.  The  experts  in  charge  of  public  works  shall  make  an 
estimate  of  the  repairs,  approval  of  which  shall  always  precede  their 
execution,  as  well  as  the  annual  estimates  for  preservation,  which  shall 
be  indispensable  and  sufficient  for  the  existing  works  of  the  province 
which  are  in  charge  of  the  Deputations.  The  amounts  calculated  by 
the  technical  officials  for  such  objects  shall  be  necessarily  included 
among  the  obligatory  expenses. 

(Articles  14  and  41  of  the  Law.) 


51 

ART.  65.  When  the  work  which  is  to  be  executed  may  be  the  subject 
of  operation  with  profit,  the  Deputation  shall  make  the  list  of  rates 
which  it  considers  proper  to  establish  for  its  use  and  profit,  and  shall 
send  it  to  the  Governor  of  the  province.  The  latter  shall  send  it  to 
the  General  Government  with  his  own  report,  after  hearing  the  Chief 
Engineer  of  the  province,  and  the  Governor- General,  after  the  report 
of  the  Inspection  of  Public  Works,  shall  forward  it  with  his  own  to 
the  Colonial  Secretary.  The  approval  of  the  establishment  of  rates 
and  of  the  instructions  for  their  application  shall  be  made  by  means  of 
a  Eoyal  Decree  by  the  said  Department,  with  the  consent  of  the  Coun- 
cil of  Secretaries. 

(Article  37  of  the  Law.) 

ART,  66.  The  appointment  of  an  expert  or  experts,  who  shall  be 
charged  with  the  direction  of  provincial  works,  shall  be  freely  made  by 
the  Deputation;  but  this  appointment  shall  always  be  of  individuals 
who  shall  be  Engineers  of  the  Corps  of  Eoads,  Canals,  and  Ports,  or 
at  least  Assistants  of  Public  Works.  In  each  case  the  salary,  as  well  as 
the  indemnity  which  shall  be  given  to  said  officials  for  the  expenses 
arising  from  the  service,  shall  be  paid  from  the  provincial  funds. 

(Article  39  of  the  Law.) 

ART.  67.  In  the  same  manner  the  Deputation  shall  have  the  right, 
in  the  form  in  which  it  may  be  deemed  convenient,  to  organize  the 
subordinate  personnel  of  all  kinds  which  may  have  to  aid  the  Chief 
Expert  in  carrying  out  his  duties,  as  well  as  the  appointment  of  this 
personnel,  all  being  at  the  suggestion  of  the  said  Chief. 

(Article  39  of  the  Law.) 

ART.  68.  The  Engineers  of  Eoads,  Canals,  and  Ports,  who  may  be 
named  by  the  Deputation  for  the  direction  of  the  service  of  provincial 
works,  shall  preserve  all  their  rights  under  the  Eegulations  as  indi- 
viduals of  the  Corps  to  which  they  belong,  in  the  same  manner  as  if 
they  were  in  the  service  of  the  State. 

Similar  rights  shall  be  enjoyed  by  the  Assistants  of  Public  Works 
who  may  be  named  for  the  same  duties,  and  the  same  benefit  shall  inure 
to  the  overseers  of  the  said  branch  who  may  form  part  of  the  subordi- 
nate personnel  of  the  provincial  service. 

(Article  39  of  the  Law.) 

ART.  69.  The  public  works  which  are  executed  at  the  instance  of  the 
Provincial  Deputation  shall  be  executed  under  the  inspection,  in  the 
technical  branch,  of  the  Colonial  Department  and  the  Governor-Gen- 
eral. For  this  purpose  the  Governor  may  order  that  they  be  inspected 
during  their  construction  by  the  Chief  Engineer  of  the  province,  when- 
ever he  may  deem  this  opportune. 

Besides  these  extraordinary  inspections,  the  Chief  Engineer  shall 
annually  make  other  ordinary  inspections  of  all  provincial  works. 

The  Engineer  shall  report  the  result  of  his  inspections  to  the  Gov- 
ernor of  the  province,  and  if  any  difficulty  is  noted  in  the  works  he 
shall  so  inform  the  latter. 


52 

The  Governor,  in  view  thereof,  shall  give  his  orders  to  the  Deputa- 
tion, in  order  that  the  difficulties  may  be  corrected.  If  the  Deputation 
should  refuse  to  do  so,  or  deem  it  proper  to  appeal  from  the  decision 
of  the  Authority,  the  proceedings  shall  be  carried  to  the  Colonial  Sec- 
retary, in  order  that  he  may  decide  the  question,  after  first  hearing  the 
opinion  of  the  Consulting  Board  of  Eoads,  Canals,  and  Ports. 

The  Chief  Engineer  shall  also  send  to  the  General  Inspection  of  the 
Island  copies  of  the  reports  sent  to  the  Governor,  informing  the  Inspec- 
tion of  all  the  incidents  of  this  service. 

The  expenses  of  any  kind  which  may  be  caused  by  the  inspection  of 
provincial  works  shall  be  charged  to  the  corresponding  Deputations. 

(Article  42  of  the  Law.) 

ART.  70.  Without  prejudice  to  the  inspections  referred  to  in  the  pre- 
ceding article,  every  provincial  work  shall  be  necessarily  inspected  by 
the  Chief  Engineer  of  the  Province,  or  by  the  State  Engineer  who  may 
be  designated  for  this  purpose,  before  turning  it  over  to  public  use,  and 
when  the  Deputation  declares  that  it  is  terminated. 

For  this  purpose,  when  such  case  is  believed  to  have  arisen,  the 
Deputation  shall  inform  the  Governor,  who  shall  order  that  the  Chief 
Engineer  make  the  inspection.  Said  Engineer  shall  report  to  the  Gov- 
ernor the  result  of  his  commission,  and  if  there  are  any  defects  found, 
proceedings  shall  be  instituted  in  accordance  with  the  case  of  the  pre 
ceding  article,  the  delivery  of  the  work  to  the  public  service  being 
suspended  until  the  authorization  of  the  Governor- General  or  of  the 
Colonial  Secretary  shall  have  been  given. 

(Article  42  of  the  Law.) 

ART.  71.  The  provisions  of  this  chapter  are  applicable  to  works  called 
civil  constructions,  devoted  to  the  service  of  the  Colonial  Department, 
which  are  in  charge  of  the  province,  without  any  other  difference  than 
that  the  plans  shall  be  gone  over,  when  the  direction  or  inspection  shall 
be  made,  by  the  proper  Architects  in  accordance  with  the  provisions  of 
article  39  of  the  general  Law, 

CHAPTER  Y. 

CONCESSIONS  FOR   THE    EXECUTION   OF   PROVINCIAL  WORKS. 

ART.  72.  Every  public  work  in  charge  of  a  province  which  is  included 
in  the  plans  of  the  same,  can  be  carried  out  by  the  method  of  conces- 
sion to  individuals  or  corporations  who  may  so  request  it,  after  the 
proceedings  which  are  established  by  the  general  Law  of  Public  Works 
and  those  determined  by  the  present  Regulations. 

(Article  53  of  the  Law.) 

ART.  73.  The  concession  of  every  provincial  work  included  in  the 
approved  plans,  shall  be  granted  by  the  corresponding  Deputation, 
whether  a  subsidy  of  any  kind  has  been  requested  for  its  execution,  or 


53 

whether  in  any  manner  whatsoever,  aid  from  the  provincial  funds  has 
been  demanded. 

(Articles  53  and  73  of  the  Law.) 

ART.  74.  In  case  the  work  is  requested  without  subsidy,  the  peti- 
tioner shall  present  to  the  corresponding  Deputation  the  project  of  the 
work  which  he  desires  to  carry  out.  For  this  purpose  he  may  request 
the  Governor  of  the  province  for  the  authorization  referred  to  in  Article 
56  of  the  general  Law  of  Public  Works,  an  authorization  which,  in  a 
proper  case,  shall  be  granted  with  similar  requisites  to  those  referring 
to  works  of  the  State,  as  determined  by  Article  21  of  the  present  Eeg- 
ulations. 

The  projects  in  all  cases  shall  be  drawn  as  provided  for  by  Article  6. 

(Articles  55  and  56  of  the  Law.) 

ART.  75.  Within  the  period  designated  by  the  Governor,  the  peti- 
tioner shall  present  the  project  to  the  Deputation,  accompanied  by  a 
certificate  which  shows  that  he  has  delivered  in  the  depository  of  pro- 
vincial funds  an  amount  equivalent  to  1  per  cent  of  the  estimate. 

The  Secretary  of  the  Deputation  shall  give  the  interested  person 
the  proper  receipt,  stating  the  day  and  the  hour  on  which  he  received 
the  project. 

(Article  57  of  the  Law.) 

ART.  76.  The  project  shall  be  sent  to  the  Chief  of  the  technical  serv- 
ice of  provincial  works,  in  order  that  he  may  go  over  it  on  the  ground. 
The  said  Chief  shall  investigate  concerning  the  exactness  of  the  facts 
stated  in  the  project  and  concerning  all  the  technical  details,  making 
his  report  to  the  Deputation. 

This  corporation  shall  then  send  the  project  to  the  Chief  Engineer  of 
the  Province,  in  order  that  he  may  make  report  concerning  it,  in  the 
manner  determined  by  Article  59  of  these  Regulations,  in  accordance 
with  which  the  further  proceedings  shall  follow  the  provisions  neces- 
sary for  the  approval  of  the  project  by  the  Deputation,  as  if  in  case  of 
a  disagreement  between  it  and  the  Chief  Engineer. 

When  works  in  connection  with  ports  are  in  question,  there  shall  be 
followed,  moreover,  the  provisions  concerning  the  formation  of  plans 
established  in  the  special  law  and  determined  by  the  Regulations  for 
its  execution. 

(Article  58  of  the  Law.) 

ART.  77.  The  projected  schedules  of  rates  which  the  petitioner  pro- 
poses to  establish  for  the  use  and  profit  of  the  work,  shall  be  submitted 
by  the  Deputation  to  a  public  investigation,  in  which,  for  at  least  a 
period  of  ten  days,  there  shall  be  heard  claims  of  all  those  who  consider 
themselves  interested.  After  hearing  the  petitioner  as  to  these  claims, 
and  lastly  the  Municipal  Councils  of  the  districts  in  which  the  work  is 
to  be  executed,  the  Chief  of  the  service  of  provincial  works  and  the 
Chief  Engineer  of  the  province  shall  be  heard. 


54 

When  the  proceedings  are  thus  closed,  the  Provincial  Deputation 
shall  decide  as  to  the  granting  thereof,  by  means  of  a  resolution,  which 
shall  be  published  in  the  Boletin  Oficial. 

In  this  resolution,  in  the  proper  case,  shall  be  inserted  the  essential 
conditions  of  the  concession,  which  shall  be  those  stated  intbe  general 
Law  of  Public  Works,  and  in  Article  28,  Chapter  II,  of  these  Regula- 
tions, for  concessions  of  works  in  charge  of  the  State. 

From  the  resolution  of  the  Deputation,  in  the  proper  case,  the  peti- 
tioner may  appeal  to  the  Governor- General  of  the  Island  and  the  Colo- 
nial Secretary,  in  the  manner  provided  by  the  provincial  law  in  force. 

(Articles  58  and  59  of  the  Law.) 

ART.  78.  When  the  concession  is  granted  and  the  proper  guaranty 
is  given,  the  concessionaire  shall  execute  the  works  in  strict  accord- 
ance with  the  stipulations,  and  under  the  supervision  of  the  technical 
officials  of  the  Deputation  and  the  inspection  of  the  State  Engineers. 

The  concession  shall  be  forfeited  in  the  cases  prescribed  in  the  con- 
ditions, and  shall  be  declared,  if  there  be  proper  reason  for  it,  by  the 
Deputation,  after  previous  proceedings  in  which  shall  be  heard  the 
interested  party,  who  shall  reserve  the  right  of  appeal  to  the  Governor- 
General  and  the  Colonial  Secretary  from  the  resolution  of  said  cor- 
poration. 

In  case  an  appeal  is  made,  the  Colonial  Secretary  shall  decide,  after 
hearing  the  Consulting  Board  of  Eoads,  Canals,  and  Ports,  the  conces- 
sionaire having  the  right  to  appeal  from  this  decision  by  means  of  the 
administrative  litigation. 

(Articles  8,  64,  and  67  of  the  Law.) 

AST.  79.  The  consequences  of  forfeiture  and  the  proceedings  which 
have  to  follow  shall  be  those  which  are  provided  by  Chapter  II  of  these 
Regulations  for  similar  cases  in  works  of  the  State,  it  being  understood 
that  the  appraisal  of  the  works  provided  for  by  Article  30  shall  be 
made  by  the  expert  agents  of  the  Province,  investigated  by  the  Chief 
Engineer,  and  approved  by  the  Deputation,  with  the  right  of  appeal  to 
the  Government  in  cases  of  disagreement  between  them. 

(Articles  68,  69,  70,  and  71  of  the  Law.) 

ART.  80.  When  there  shall  have  been  presented  two  or  more  proj- 
ects for  the  execution  of  the  same  work  within  the  period  of  thirty 
days,  counting  from  the  time  in  which  the  first  petition  was  presented, 
the  comparison  referred  to  by  Article  76  and  other  investigations  of  the 
proceedings  shall  be  made  in  connection  with  all  the  projects  presented, 
making  a  note  of  the  advantages  or  disadvantages  of  each  one.  In 
this  case  the  Deputation  shall  select,  for  the  granting  of  the  concession, 
the  one  which,  in  its  opinion,  offers  the  greatest  advantages. 

(Article  61  of  the  Law.) 

ART.  81.  In  case  there  should  result  from  the  investigation  an  equal- 
ity of  circumstances  between  the  projects  presented,  the  Deputation 
shall  resolve  to  proceed  to  a  public  auction  on  the  basis  of  the  proper 


65 

project,  in  accordance  with  the  provisions  of  Article  34  for  the  conces- 
sion of  State  works. 

The  appraisal  of  the  project  which  shall  serve  as  the  basis  of  the 
bids  shall  be  made  by  two  experts,  one  named  by  the  Deputation  and 
the  other  by  the  petitioner,  the  third  being  named  by  both  parties,  and, 
in  case  of  disagreement,  by  the  proper  judicial  authority. 

The  appraisal  shall  be  made  on  the  basis  designated  by  Article  35, 
and  shall  be  submitted  for  the  approval  of  the  Deputation,  which  shall 
decide,  after  first  hearing  the  expert  in  charge  of  provincial  works. 

(Article  62  of  the  Law.) 

ART.  82.  The  bidding  shall  take  place  before  the  Deputation  and 
shall  follow  the  similar  rules  established  for  this  purpose  in  articles  36 
and  37,  the  President  of  the  Board  having  the  right  to  declare  who  is 
the  best  bidder,  saving  the  approval  of  the  said  Corporation. 

The  author  of  the  project  which  shall  serve  as  the  basis  of  the  bid- 
ding reserves  the  right  of  preference  on  equal  terms,  and  that  of 
receiving  the  value  of  his  project,  according  to  the  appraisal,  in  a  sim- 
ilar manner  to  the  provisions  of  Articles  38  and  39  of  these  Eegulations. 

(Articles  62  and  72  of  the  Law.) 

ART.  83.  When  an  individual  or  a  company  asks  for  the  conces- 
sion of  a  work  included  in  one  of  the  plans  of  the  province,  with  sub- 
sidy or  aid  from  the  funds  of  the  same,  in  so  far  as  the  presentation, 
proceedings,  and  approval  of  the  project  are  concerned,  the  provisions 
of  Articles  74,  75,  and  76  of  these  Eegulations  shall  be  observed ;  and 
concerning  the  schedules  for  the  use  and  benefit  of  the  work,  it  shall  be 
subject  to  the  investigation  prescribed  by  Article  77. 

Thereafter  the  appraisal  of  the  project  shall  be  made,  which  shall  be 
carried  out  as  provided  for  this  purpose  by  the  rules  established  in 
Article  81. 

(Articles  75  and  76  of  the  Law.) 

ART.  84.  In  the  case  in  which  the  Deputation  shall  have  approved 
the  project,  the  rates,  and  other  documents  of  the  proceedings,  and 
provided  that  the  petitioner  accept  the  modifications  which  it  may  have 
been  deemed  convenient  to  introduce  into  them  by  reason  of  the  result 
of  the  investigations,  there  shall  follow  the  granting  of  the  concession 
which  is  within  the  power  of  a  provincial  Corporation  after  public  bid- 
ding, at  which  the  approved  project  shall  serve  as  the  basis,  and  which 
shall  take  place  before  said  Corporation,  in  a  manner  similar  to  that 
provided  in  articles  43  and  44  for  the  cases  of  works  of  the  State. 

In  the  same  case  the  author  of  the  proposal  whose  project  shall  have 
served  as  the  basis  of  the  bids,  has  the  right  of  preference  on  equal 
terms  and  to  the  payment  of  said  project,  in  accordance  with  provisions 
similar  to  those  set  forth  in  article  45. 

(Articles  77,  78,  and  79  of  the  Law.) 

ART.  85.  The  guaranty  shall  be  deposited  in  the  depository  of  the 
Deputation,  following  in  all  respects  the  provisions  of  article  46  of 
these  Regulations  on  this  point. 


56 

Article  47,  concerning  modifications  in  projects,  and  article  48,  con- 
cerning forfeitures,  which  in  this  case  shall  be  declared  by  the  Deputa- 
tions in  the  form  and  with  the  same  rights  of  appeal  as  those  set  forth 
in  the  second  paragraph  of  article  78,  and  the  provisions  of  B.rticle  79, 
are  also  applicable  to  concessions  subsidized  with  provincial  funds. 

Article  49,  concerning  extension  for  the  termination  of  the  works, 
and  article  50,  concerning  the  interruption  of  the  operation,  are  also 
applicable  to  the  case  referred  to  in  the  present  article. 

(Articles  80,  82,  83,  84,  85,  86,  87,  88,  89,  90,  91,  and  92  of  the  Law.) 

ART.  86.  When  there  shall  have  been  presented  two  or  more  propo- 
sitions to  execute  a  provincial  work  with  subsidy,  within  the  time 
expressed  by  Article  80,  the  provisions  of  said  article  shall  be  applied 
for  the  selection  of  the  project  which  shall  serve  as  the  basis  of  the 
bids,  proceeding  to  the  appraisal  of  said  project,  and  thereafter  follow- 
ing, for  the  carrying  out  of  the  bidding  and  subsequent  proceedings, 
the  rules  established  in  Article  82  of  these  Regulations. 

(Article  78  of  the  Law.) 

ART.  87.  When  there  shall  have  been  executed  at  the  expense  of 
the  Deputation  a  work  which  may  be  the  subject  of  a  profitable  opera- 
tion, this  operation  shall  be  carried  on  by  contract,  the  concession 
thereof  being  awarded  to  the  best  bidder.  The  bidding  shall  take 
place  in  all  respects  in  accordance  with  the  provisions  of  this  chapter 
for  concessions  of  works  without  subsidy;  and  there  shall  serve  as  a 
basis  for  the  bidding  the  schedule  of  rates  made  by  the  Deputation  and 
approved  in  the  manner  indicated  by  Article  65. 

If  the  provincial  Deputation  should  request  the  operation  referred 
to  in  this  article,  the  proper  proceedings  shall  be  instituted,  in  which 
the  Chief  Engineer,  the  Governor  of  the  Province,  the  Inspector  of 
Public  Works,  and  the  Consulting  Board  of  Roads,  Canals,  and  Ports 
shall  report  concerning  the  propriety  of  the  petition,  in  view  of  which 
the  Colonial  Secretary  shall  decide  what  he  may  deem  proper. 

(Article  37  of  the  Law.) 

ART.  88.  The  officials  or  technical  employees  of  the  Deputation  shall 
carry  out  the  duties  which  belong  to  them  for  the  works  which  are 
executed  and  operated  in  accordance  with  the  stipulated  conditions, 
and  shall  exercise  the  proper  supervision,  in  order  that  the  conces- 
sionaire shall  not  receive  the  subsidy,  except  at  the  times  and  in  the 
manner  provided  for  by  the  conditions. 

(Article  81  of  the  Law.) 

ART.  89.  The  Colonial  Secretary  shall  have  the  final  decision  con- 
cerning the  approval  of  projects,  granting  of  concessions,  declarations 
of  forfeiture,  and,  in  general,  concerning  all  the  proceedings  relative  to 
the  provisions  of  the  General  Law  of  Public  Works  and  of  these  Regu- 
lations, which  belong  to  the  Provincial  Deputations  when  the  works 
include  two  or  more  provinces  and  the  Deputations  of  the  said  provinces 
do  not  agree. 

(Articles  8  and  15  of  the  Law  and  chapters  6  and  7  of  the  same.) 


57 

ART.  90.  The  provisions  contained  in  chapters  2  and  3,  which  refer  to 
concessions  of  works  of  the  State,  and  which  have  not  been  expressly 
mentioned  in  the  present  chapter,  shall  be  applicable  to  concessions  of 
provincial  works,  with  the  modifications  required  by  the  various  cases, 
the  questions  which  may  arise  in  this  connection  concerning  the  appli- 
cation of  these  Regulations  being  decided  according  to  the  spirit  ol 
said  provisions. 

(Article  5  of  the  Law.) 

TITLE  THIRD. 

MUNICIPAL  WORKS. 

CHAPTER  VI. 

PROJECTS  AND  EXECUTION  OF  WORKS  BY  ORDINARY   CONTRACT. 

ART.  91.  Local  roads,  the  supply  of  water,  local  ports,  and  the  drain- 
age of  lakes  and  marshes  of  merely  municipal  interest  are  in  charge  oi 
the  Municipal  Councils,  in  accordance  with  Article  6  of  the  general 
Law  and  the  special  laws  of  Public  Works. 

The  plans  of  the  works  of  the  Municipal  Councils  shall  be  made  in 
accordance  with  the  provisions  of  the  Regulations  for  the  execution  of 
the  special  laws  of  Public  Works. 

(Articles  6, 10,  and  43  of  the  Law.) 

ART.  92.  The  order  of  preference  stated  in  the  plan  of  the  Municipal 
Council  for  the  execution  of  the  work  can  not  be  changed  except  by 
virtue  of  a  proposal,  giving  reasons  therefor,  by  the  Municipality,  which 
shall  be  duly  approved  by  the  Governor,  after  hearing  the  Provincial 
Deputation  and  the  Chief  Engineer. 

(Article  43  of  the  Law.) 

ART.  93.  When  a  Municipal  Council  decides  on  the  execution  of  a 
work  included  in  the  plan  of  the  Municipality,  the  proper  project  shall 
first  of  all  be  made.  This  project  shall  be  drawn  in  accordance  with 
the  terms  then  in  force,  and  once  drawn  shall  be  presented  to  the 
Governor  for  approval,  who  shall  grant  it  only  after  hearing  the  Chiei 
Engineer  of  the  Province. 

The  Governor,  when  works  of  great  importance  are  in  question,  or 
when  he  is  not  satisfied  with  the  opinion  of  the  Chief  Engineer,  shall 
submit  the  project  for  the  approval  of  the  Colonial  Secretary,  who 
shall,  before  granting  it,  hear  the  Consulting  Board  of  Roads,  Canals, 
and  Ports. 

After  the  project  is  approved,  the  Municipal  Council  shall  include  in 
the  Municipal  budget  the  corresponding  credit  to  carry  out  the  work. 

(Articles  17  and  43  of  the  Law.) 

ART.  94.  After  the  project  of  a  municipal  work  has  been  approved, 
and  the  proper  credit  incorporated  in  the  budget,  its  execution  shall  be 
proceeded  with  by  the  method  of  management  or  contract,  as  shall  be 


58 

decided  on  by  the  Municipal  Council  after  hearing  the  expert  who  shall 
have  drawn  the  plan. 

If  the  work  shall  be  carried  out  by  management,  it  shall  be  directed 
by  said  expert,  in  accordance  with  the  instructions  in  force  for  munic- 
ipal works.  In  case  it  shall  be  done  by  contract,  the  public  bidding 
in  the  manner  analogous  to  what  is  prescribed  by  these  regulations  for 
the  works  of  the  State  and  of  a  Province,  is  an  indispensable  prerequi- 
site. 

(Article  47  of  the  Law.) 

ART.  95.  When  a  work  not  included  in  the  plan  of  a  Municipality  is 
in  question,  there  shall  first  of  all  be  made  the  project  by  the  expert  to 
whom  the  Municipal  Council  shall  have  deemed  it  convenient  to  intrust 
this  work. 

When  the  project  is  drawn  it  shall  be  submitted  to  a  public  investi- 
gation, at  which  shall  be  heard,  within  the  time  which  for  this  purpose 
is  designated  by  the  Municipal  Council,  all  individuals  who  desire  to 
make  any  claim  concerning  the  propriety  of  the  execution  of  the  work. 

After  this  investigation  is  had,  the  Municipal  Council  shall  send  the 
proceedings  to  the  Governor  with  its  report  concerning  said  claims, 
and  said  authority  shall  decide  what  may  be  deemed  expedient,  after 
hearing  the  opinions  of  the  Provincial  Deputation  and  the  Chief  Engi- 
neer. When  the  nature  of  the  work  requires  it  he  shall  also  hear  the 
Marine  Authority  or  the  Military  Authority,  the  Provincial  Board  ot 
Health,  and  the  Board  of  Agriculture,  Industry,  and  Commerce,  as  the 
case  may  be. 

From  the  decision  of  the  Governor  the  Municipal  Council  may  appeal 
to  the  Governor  General  and  the  Colonial  Secretary,  who,  after  hearing 
the  Consulting  Board  of  Koads,  Canals,  and  Ports,  shall  decide  with- 
out further  recourse. 

(Article  45  of  the  Law.) 

ART.  96.  When  a  work  which  is  to  be  executed  affects  two  or  more 
Municipal  Councils,  the  decision  concerning  the  proposal  of  preference 
indicated  by  Article  92,  or  the  approval  of  the  project  referred  to  in 
Article  93,  or  the  other  points  indicated  in  Articles  94  and  95,  can  not 
be  made,  unless  the  interested  Municipal  Councils  shall  have  coine  to 
an  agreement,  and  unless  they  have  before  them  the  complete  project. 

If  there  should  be  any  difference  of  opinion  between  the  said  Munic- 
ipal Councils,  the  Governor  shall  decide  after  hearing  the  Chief  Engi- 
neer and  the  Provincial  Deputation,  the  Municipality  which  may  have 
considered  itself  prejudiced  having  the  right  of  appeal  to  the  Governor 
General  and  the  Colonial  Secretary.  When  the  works  affect  towns 
belonging  to  different  provinces,  the  proceeding  shall  be  according  to 
the  last  paragraph  of  Article  46  of  the  General  Law  of  Public  Works. 

(Article  45  of  the  Law.) 

ART.  97.  For  the  construction  of  public  works  of  any  kind,  Municipal 
Councils  may  call  for  the  personal  aid  of  the  inhabitants  whenever  the 


59 

ordinary  revenues,  or  any  other  income  devoted  to  such  objects,  shall 
not  be  sufficient. 

ABT.  98.  "Municipal  Councils  may  impose  special  taxes  for  the  use 
and  profit  of  the  works  which  are  executed  and  which  are  the  sub- 
ject of  profitable  operation.  The  amount  of  taxes  shall  be  proposed 
by  the  Municipality  in  each  particular  case,  submitting  its  proposal  to 
the  Governor,  who,  with  his  report,  shall  submit  it  to  the  Governor- 
General,  and  the  latter,  with  his  report,  to  the  Colonial  Secretary,  who 
shall  decide,  by  Eoyal  Order,  after  hearing  the  Colonial  Department  of 
the  Council  of  State,  concerning  the  approval  of  the  proposed  tax, 
communicating  the  proper  instructions  for  its  application  to  the  work 
in  question. 

(Article  46  of  the  Law.) 

ART.  99.  The  work  of  preservation  and  repair  of  existing  works  in 
each  Municipality  shall  be  paid  by  the  credits  previously  and  neces- 
sarily designated  for  this  purpose  in  the  municipal  budget,  and  always 
after  these  budgets  have  been  drawn  and  approved  by  the  proper 
Municipal  Council. 

(Articles  16  and  49  of  the  Law.) 

ART.  100.  The  Municipal  Councils  may  freely  name  the  technical 
officials  who  are  to  intervene  in  the  works  under  their  charge,  it  being 
necessary  that  those  selected  shall  have  the  proper  professional  degree 
which  proves  their  ability. 

The  organization  of  the  technical  personnel,  the  management  of 
municipal  works,  the  fixing  of  the  payments,  and  other  matters  relative 
to  this  part  of  the  service  shall  be  exercised  by  the  proper  Municipal 
Council,  in  accordance  with  the  provisions  of  the  laws  and  regulations 
in  force. 

Engineers  of  Eoads  and  Overseers  of  Public  Works  who  may  be 
named  by  the  Municipal  Councils  for  the  service  of  municipal  works 
shall  enjoy  all  the  rights  which  are  given  them  by  the  Eegulations,  as 
though  they  were  in  the  service  of  the  State. 

(Article  48  of  the  Law.) 

ART.  101.  Public  works  in  charge  of  Municipal  Councils  shall  be 
inspected  by  the  employees  or  technical  officials  of  the  State  in  a  man- 
ner similar  to  that  prescribed  by  articles  69  and  70  of  the  present 
Eegulations  for  provincial  works. 

(Articles  8  and  50  of  the  Law.) 

ART.  102.  The  provisions  of  this  chapter  are  applicable  to  works 
called  civil  constructions  devoted  to  municipal  services,  and  which  may 
be  in  charge  of  Municipal  Councils,  without  any  other  difference  than 
that  of  the  experts  in  whose  charge  shall  be  the  projects,  direction,  and 
supervision,  according  to  existing  legislation. 

(Article  48  of  the  Law.) 


60 
CHAPTER  VJLI. 

• 

CONCESSIONS  OF  MUNICIPAL  WORKS. 

ART.  103.  The  public  works  in  charge  of  Municipal  Councils  which 
are  included  in  the  plans  of  the  same,  properly  approved,  can  be  the 
subject  of  concessions  to  individuals  or  Companies  who  may  request 
them,  in  accordance  with  the  provisions  of  the  general  Law  of  Public 
Works  and  of  the  present  Eegulations. 

(Article  53  of  the  Law.) 

ART.  104.  The  concessions  to  which  the  previous  article  refers  shall 
be  granted  by  the  proper  Municipal  Councils,  provided  that  no  aid  of 
any  kind  whatsoever  is  requested  for  them,  nor  any  subsidy  from  the 
Municipal  funds. 

(Articles  53  and  73  of  the  Law.) 

ART.  105.  Whenever  a  concession  of  a  municipal  work  without  sub- 
sidy is  requested,  the  petitioner  shall  present  to  the  proper  Municipal 
Council  the  project  of  the  same.  For  this  purpose  he  may  request  the 
Governor  of  the  province  to  give  the  authorization  referred  to  in  Arti- 
ticle  56  of  the  general  Law  of  Public  Works,  proceeding  as  prescribed 
by  Article  74  of  these  Eegulations  concerning  provincial  works. 

(Articles  55  and  56  of  the  Law.) 

ART.  106.  The  project  shall  be  delivered  to  the  Secretary  of  the 
Municipal  Council,  accompanied  by  a  document  which  proves  that  the 
petitioner  has  delivered  to  the  depository  of  municipal  funds  a  sum 
equivalent  to  1  per  cent  of  the  estimate  of  the  works.  The  Secretary 
of  the  Municipal  Council  shall  give  a  receipt  for  the  project,  in  which 
shall  appear  the  day  and  the  hour  on  which  it  was  presented. 

(Article  57  of  the  Law.) 

ART.  107.  The  expert  in  charge  of  municipal  works,  or  the  one  whom 
the  Municipal  Council  deemed  proper  to  temporarily  name  for  this 
special  purpose,  shall  then  proceed  to  go  over  the  plan  of  the  project 
on  the  ground  and  report  in  the  manner  provided  for  by  Article  76  for 
provincial  works.  The  Municipal  Council  shall  send  the  project  thus 
reported  to  the  Governor  of  the  province,  who,  after  hearing  the  Chief 
Engineer,  shall  decide  as  to  the  approval  of  the  project,  in  the  manner 
prescribed  by  Article  96. 

(Article  58  of  the  Law.) 

ART.  108.  The  schedule  of  rates  for  the  use  and  profit  of  the  work 
shall  be  submitted  for  a  period  of  fifteen  days  to  a  public  investigation, 
under  the  direction  of  the  Alcalde,  in  which  all  the  inhabitants  of  the 
town  who  believe  themselves  interested  may  enter  claims.  The  Alcalde 
shall  then  send  this  investigation  to  the  petitioner,  in  order  that  he  may 
answer;  and  shall  further  hear  the  expert  in  charge,  and,  with  the 
opinion  of  the  full  Municipal  Council,  shall  send  the  proceedings  to  the 
Governor.  The  latter  shall  decide  concerning  the  approval  of  the  rates 


61 

in  the  same  manner  as  is  provided  for  the  project  by  the  preceding 
article. 

(Article  58  of  the  Law.) 

ART.  109.  After  the  project  is  approved  and  the  basis  of  the  con- 
tract agreed  upon  with  the  petitioner,  the  Municipal  Council  shall 
decide  as  to  the  granting  of  the  concession  by  means  of  a  resolution, 
in  which  a  memorandum  shall  be  made  and  which  shall  be  communi- 
cated to  the  Governor  for  publication  in  the  Boletin  Oficial. 

The  essential  provisions  of  these  concessions  shall  be  those  provided 
by  Article  28  of  these  Eegulations  for  similar  concessions  of  works  of 
the  State. 

From  the  resolution  of  the  Municipal  Council  the  petitioner  may 
appeal  to  the  Governor,  who,  after  hearing  the  Provincial  Deputation, 
shall  decide  without  further  recourse.  The  periods  for  investigation 
and  decision,  arid  the  form  in  which  the  appeal  shall  be  made,  are 
those  designated  for  these  cases  by  the  Municipal  Law  in  force  in  this 
island. 

(Articles  58  and  59  of  the  Law.) 

ART.  110.  When  the  concession  is  granted,  the  concessionaire  shall 
deposit  from  3  to  5  per  cent  of  the  amount  of  the  approved  estimate, 
and  proceed  to  the  execution  of  the  works  under  the  immediate  inspec- 
tion of  the  technical  officials  of  the  Municipality,  and  the  superior 
inspection  of  the  State  Engineers. 

(Articles  50,  59,  and  64  of  the  Law.) 

ART.  111.  The  concession  shall  be  forfeited  in  the  cases  provided  in 
the  stipulated  provisions,  and  shall  thus  be  declared  in  a  proper  case 
by  the  Municipal  Council,  after  proceedings  in  which  the  interested 
party  shall  be  heard,  and  with  a  right  of  appeal  to  the  Governor  in  the 
same  manner  as  is  provided  for  in  Article  109. 

After  the  Governmental  proceedings  have  been  exhausted,  the  con- 
cessionaire shall  reserve  the  right  to  appeal  from  the  declaration  of 
forfeiture  of  the  concession,  by  administrative  litigation. 

When  the  forfeiture  is  finally  declared,  the  consequences  shall  be  the 
same  as  those  provided  for  by  chapter  2  of  these  Kegulations  for  similar 
works  in  charge  of  the  State,  it  being  understood  that  the  appraisal  of 
the  works  executed,  to  which  Article  30  refers,  shall  be  made  by  the 
expert  employees  of  the  Municipal  Council,  the  approval  of  the  Gover- 
nor being  necessary  in  the  same  manner  as  for  projects  of  municipal 
works. 

(Articles  G7,  68,  69,  70,  and  71  of  the  Law.) 

ART.  112.  In  case  more  than  one  project  is  presented  for  the  same 
work  within  a  period  of  thirty  days,  counting  from  the  time  the  first 
petition  is  made,  the  comparison  on  the  ground,  referred  to  by  Article 
107,  and  other  investigations  of  the  proceedings,  shall  be  made  by  com- 
parison between  the  projects  presented,  discussing  their  respective 
advantages  and  disadvantages.  When  these  proceedings  are  ended 


62 

the  Municipal  Council,  in  view  of  the  result,  shall  select  the  project 
which,  in  its  judgment,  offers  the  greatest  advantages,  and  send  it  for 
the  approval  of  the  Governor. 

The  Governor,  having  in  view  all  the  proceedings,  after  an  opinion 
of  the  Chief  Engineer,  shall  decide  upon  the  approval  in  the  manner 
determined  by  Article  93. 

From  the  decision  of  the  Governor,  the  Municipal  Council,  if  it  deems 
it  proper,  may  appeal  to  the  Governor-General  and  the  Colonial  Secre- 
tary, who  shall  decide  without  further  recourse. 

(Article  61  of  the  Law.) 

ART.  113.  If  evident  advantages  appear  in  one  of  the  projects  over 
the  rest,  this  one  shall  be  preferred  for  the  granting  of  the  concession, 
which  shall  be  made  by  the  Municipal  Council  in  accordance  with  the 
provisions  of  Article  109. 

If  it  appears  that  none  of  the  projects  presented  offers  advantages 
over  another,  the  Governor  shall  thus  declare;  and  if  the  Municipal 
Council  does  not  appeal  from  this  ruling,  he  shall  decide  that  a  public 
bidding  be  held,  on  the  basis  of  the  project  which  has  the  priority. 

Before  announcing  the  bidding,  the  said  project  shall  be  appraised  by 
an  expert  named  by  the  Municipal  Council  and  another  by  the  petitioner, 
who,  in  their  turn  and  before  the  appraisal,  shall  name  a  third  by 
agreement,  to  act  in  case  of  disagreement.  If  there  should  not  be  an 
agreement  between  said  two  experts  on  the  appointment  of  a  third,  he 
shall  be  named  by  the  proper  judicial  authority. 

The  appraisal  shall  be  made  in  a  manner  similar  to  that  designated 
by  Article  35,  and  the  Municipal  Council  shall  give  its  approval  thereto, 
after  the  report  of  the  expert  in  charge. 

(Articles  61  and  62  of  the  Law.) 

ART.  114.  The  bidding  shall  take  place  with  the  Alcalde  presiding, 
assisted  by  the  Technical  Director,  the  Treasurer  of  the  Municipal 
Council  and  the  Secretary  of  the  same,  and  in  accordance  with  the 
provisions  of  Articles  36  and  37. 

The  concession  shall  be  granted  by  the  Municipal  Council  to  the 
person  who  shall  be  declared  the  best  bidder  at  the  public  sale,  reserv- 
ing to  the  author  of  the  project  which  has  served  as  its  basis,  the  rights 
of  preference  on  equal  terms  and  of  payment  of  the  appraised  value  of 
the  project,  according  to  the  rules  established  in  Articles  38  and  39. 

(Articles  62  and  72  of  the  Law.) 

ART.  115.  When,  for  the  execution  of  a  municipal  work  a  subsidized 
concession  is  requested,  to  be  paid  from  the  funds  of  the  Municipal 
Council,  so  far  as  presentation,  proceedings  and  approval  of  the  proj- 
ect and  investigation  concerning  rates  are  concerned,  the  same  method 
shall  be  followed  as  is  provided  by  Articles  105  to  107  of  this  chapter 
referring  to  works  without  subsidy. 

When  the  project  is  approved,  its  appraisal  shall  be  made  in  the 
manner  prescribed  by  Article  113. 

(Article  75  and  76  of  the  Law.) 


63 

ART.  116.  When  the  project  is  approved  and  the  basis  of  the  con- 
cession agreed  upon  between  the  Municipal  Council  and  the  petitioner 
with  the  approval  of  the  Governor,  the  public  bidding  shall  be  had, 
at  which  the  said  project  shall  serve  as  the  basis  in  a  manner  similar  to 
that  provided  for  works  of  the  State,  by  Articles  43  and  44  of  these 
Regulations. 

The  author  of  the  project  always  has  a  right  of  preference  on  equal 
terms  and  to  the  payment  of  the  appraisal  in  accordance  with  the  pro- 
visions of  Article  45. 

(Article  78  and  79  of  the  Law.) 

ART.  117.  The  guaranty  which,  in  case  of  subsidy,  shall  be  5  per 
cent  of  the  amount  of  the  estimate,  shall  be  deposited  with  the  Treas- 
urer of  the.  Municipal  Council. 

Articles  47  to  50  of  the  present  Regulations,  with  the  corresponding 
modifications  according  to  the  provisions  of  Article  111,  are  applicable 
to  this  case. 

(Article  80  of  the  Law.) 

ART.  118.  If  there  should  be  more  than  one  project  for  the  subsi- 
dized concession  of  a  municipal  work,  the  one  offering  the  greatest 
advantages  shall  be  selected,  which  shall  serve  as  the  basis  for  the 
bidding;  and  if  it  is  believed  that  all  the  projects  presented  are  equal, 
the  one  having  priority  shall  serve  for  this  object.  When  the  project 
which  shall  serve  as  the  basis  for  the  bidding  shall  be  determined,  in 
one  way  or  another,  the  appraisal  shall  be  previously  made;  and  for 
the  rest  there  shall  be  applicable  in  this  case,  the  same  provisions  which 
for  similar  cases  are  prescribed  by  the  present  Regulations  in  Article 
112,  and  in  those  referring  to  works  of  the  State  and  of  the  Province. 

(Article  61  of  the  Law.) 

ART.  119.  When  a  work  which  shall  be  executed  with  municipal 
funds  may  be  the  subject  of  profitable  operation,  and  the  plan  of  rates 
for  its  use  and  profit  shall  have  been  approved  in  the  manner  prescribed 
by  Article  98,  such  operation  shall  be  carried  out  by  contract,  after 
public  bidding,  which  shall  take  place  according  to  provisions  similar 
to  those  indicated  by  Article  36,  for  works  of  the  State  without  subsidy. 

The  Municipal  Council  can  not  take  charge  of  the  operation  of  this 
class  of  work  without  previous  authorization  from  the  Government,  and 
with  formalities  similar  to  those  established  by  Article  87  for  provincial 
works. 

(Article  46  of  the  Law.) 

ART.  120.  When  works,  the  concession  of  which  is  requested,  affect 
the  territory  of  two  or  more  Municipal  Councils  of  the  same  provinces, 
proceedings  shall  be  had  in  each  one  of  them  independently,  as  to  the 
examination  of  the  projects  and  the  investigations  referred  to  in  this 
chapter,  sending  the  proceedings  to  the  Governor  through  the  respec- 
tive Alcaldes. 

The  Governor  shall  decide  concerning  the  approval  of  the  projects 
as  provided  for  by  this  chapter. 


64 

After  the  granting  of  concessions,  declaration  of  forfeiture,  and  other 
resolutions  which  may  be  made  by  Municipal  Councils,  they  shall  come 
to  some  agreement;  and  if  they  should  not  be  able  to  do  so,  the  Gov- 
ernor shall  decide,  with  a  right  of  appeal  to  the  Govern  or- General  and 
the  Colonial  Secretary,  and  a  further  appeal  by  means  of  administrative 
litigation. 

When  the  Municipal  Councils  interested  belong  to  different  provinces, 
the  rights  which  according  to  this  chapter  belong  to  the  Governors 
and  the  Municipalities,  shall  be  exercised  by  the  Governor-General  and 
the  Colonial  Secretary,  whenever  the  said  authorities  or  Corporations 
do  not  agree. 

(Articles  8  and  16  of  the  Law,  and  Chapters  6  and  7  of  the  same.) 

ART.  121.  The  provisions  of  Chapters  2  and  3,  of  which  no  special 
mention  has  been  made  here,  are  applicable  to  concessions  of  municipal 
works  with  the  modifications  which  the  various  cases  require,  the  doubts 
and  questions  which  may  arise  being  decided  according  to  the  spirit  of 
these  provisions. 

TITLE  FOURTH. 

CONCESSIONS    OF    WORKS    NOT    INCLUDED    IN    PLANS   OF    THE 
STATE,  OF  THE  PROVINCE,  AND  OF  MUNICIPAL  COUNCILS. 

CHAPTER  VIII. 

CONCESSIONS  OF  THE  PUBLIC  DOMAIN. 

ART.  122.  When  individuals  or  Companies  ask  for  the  execution  of 
public  works  which  are  not  included  in  the  plans  formed  by  the  State, 
the  Province,  and  the  Municipalities  prior  to  the  granting  of  the  conces- 
sion, there  shall  be  the  grant  of  the  public  domain  which  may  be 
affected  by  the  work,  and  the  declaration  of  the  public  utility  thereof. 

The  concession  of  the  public  domain  in  every  ca'se  must  be  given  by 
the  Colonial  Department  or  its  Delegates. 

If  the  work,  the  concession  of  which  is  requested,  should  alter  in  any 
manner  the  plans  referred  to  by  the  preceding  paragraph,  the  provi- 
sions of  the  second  paragraph  of  Article  53  of  the  general  Law  of  Pub- 
lic Works  shall  also  be  observed. 

(Article  93  of  the  Law.) 

ART.  123.  In  the  concession  of  works  which  affect  the  public 
domain,  the  following  cases  are  distinguished: 

First.  That  the  work  in  question  does  not  hinder  or  impede  the 
enjoyment  or  general  use  of  the  part  of  the  public  domain  which  it 
affects. 

Second.  That  it  hinders  or  impedes  the  said  general  use. 

Third.  That  it  permanently  occupies  a  part  of  the  public  domain  in 
which  there  is  no  use  or  general  benefit. 

Fourth.  That  it  temporarily  occupies  a  part  of  the  public  domain 
devoted  to  general  use. 


65 

Fifth.  That  it  alters  established  servitudes  on  private  property  for 
the  benefit  of  the  public  domain. 

(Article  94  of  the  Law.) 

ART.  124.  The  person  requesting  the  concession  of  a  work  affecting 
the  public  domain,  in  the  manner  designated  in  the  first  number  of  the 
preceding  article,  shall  present  his  petition  to  the  Colonial  Secretary 
or  to  the  Governor- General  of  the  Island,  accompanied  with  a  project 
based  on  the  following  documents : 

First.  An  explanatory  memorial,  in  which  a  clear  idea  is  given  of  the 
work,  the  execution  of  which  is  requested,  and  in  which  it  is  shown  that 
neither  by  it  nor  by  its  operation  the  general  use  of  the  part  of  the 
public  domain,  which  may  be  affected  by  said  work,  shall  be  impaired. 

Second.  Plans  which  show  the  situation,  principal  dimensions,  and 
the  other  details  of  the  work. 

Third.  An  approximate  estimate,  in  which,  besides  the  calculation 
of  the  cost  of  the  same,  shall  appear  the  value  of  the  part  of  the  pub- 
lic domain  affected. 

And  fourth.  The  rates  which  it  is  proposed  to  establish  for  the  use 
and  profit  of  the  work. 

The  petitioner  shall  accompany  with  the  project  a  document  showing 
that  he  has  deposited  in  the  Government  Treasury  an  amount  equal 
to  one-half  of  one  per  cent  of  the  estimate  of  the  works  which  shall  be 
built  on  lands  of  the  public  domain. 

(Article  94  of  the  Law.) 

ART.  125.  The  Colonial  Secretary  shall  examine  into  the  investiga- 
tions to  clear  up  the  rights  established  on  the  public  domain  which  it 
is  proposed  to  occupy,  the  advantages  or  disadvantages  which  might 
result  to  the  public  interests  from  the  work,  and  the  other  circum- 
stances which  it  may  be  advisable  to  take  into  account  before  the  grant- 
ing of  the  concession. 

These  investigations  shall  be  proceeded  with  in  accordance  with  the 
provisions  prescribed  by  the  Regulations  for  the  execution  of  the  special 
laws  of  Public  Works,  the  opinion  of  the  Deputation  being  in  all  cases 
indispensable,  as  also  that  of  the  Chief  Engineer  and  of  the  Governor 
of  the  province  interested  in  the  construction  of  the  work,  of  the 
In spection- General  of  Public  Works,  of  the  Governor- General  of  the 
Island,  besides  that  of  the  Consulting  Board  of  Roads,  Canals,  and 
Ports. 

(Article  94  of  the  Law.) 

ART.  126.  The  concession,  if  it  shall  be  proper,  shall  be  made  by 
Royal  Decree,  except  in  the  case  that  the  work  shall  alter  some  of  the 
plans  of  the  State,  according  to  the  provisions  of  the  second  paragraph 
of  Article  122  of  these  Regulations.  In  the  concession  there  shall  be 
stipulated  the  clauses  and  conditions  which  are  set  forth  in  Article  95 
of  the  general  Law  of  Public  Works,  and  besides,  the  times  and  terms 
21634 5 


66 

in  which  the  State  shall  be  paid  the  price  at  which  the  part  of  the 
public  domain  it  is  to  cede  shall  be  valued. 

The  guaranty  which  it  is  necessary  for  the  concessionaire  to  give 
shall  be  3  per  cent  of  the  estimate  of  the  works  which  shall  occupy 
the  public  domain,  and  shall  be  returned  when  he  has  proved  that  he 
has  completed  the  works,  as  provided  for  by  Article  103  of  the  general 
Law  of  Public  Works. 

The  conditions  of  forfeiture  in  these  cases  shall  be  the  same  as  those 
for  concessions  without  subsidy  established  by  chapter  2  of  these 
Eegulations. 

(Article  95  of  the  Law.) 

ART.  127.  In  the  case  in  which,  according  to  the  provisions  of  Arti- 
cle 96  of  the  general  Law  of  Public  Works,  more  than  one  petition  for 
the  same  work  is  presented,  the  investigations  referred  to  in  Article  125 
shall  cover,  moreover,  the  question  of  the  advantages  or  disadvantages 
which  might  result  by  a  comparison  between  the  competing  projects  j 
and  the  one  shall  be  preferred  which  offers  the  greatest  advantages,  or, 
in  case  of  equality,  the  first  one  which  shall  have  been  presented. 

Thirty  days  shall  be  declared  to  be  the  time  within  which  proposi- 
tions for  the  execution  of  the  work  may  be  presented  counting  from 
the  publication  of  the  first  petition.  After  this  period  has  elapsed  no 
other  new  petition  shall  be  admitted. 

(Article  96  of  the  Law.) 

ART.  128.  The  Colonial  Secretary,  nevertheless,  in  cases  where  there 
is  not  a  marked  preference  between  the  proposals,  or  in  any  other  case 
in  which  he  may  deem  it  convenient  to  the  general  interests,  may  order 
that  the  concession  be  made  by  means  of  public  bids.  In  this  bidding 
not  only  the  proposers  who  have  presented  their  projects  may  take 
part,  but  also  any  person  who  shall  have  made  the  deposit  of  one-half 
of  1  per  cent  provided  by  article  124. 

(Article  96  of  the  Law.) 

ART.  129.  For  the  bidding,  the  project  which  shall  first  have  been 
presented  shall  serve  as  the  basis,  provided  that  its  author  shall  have 
accepted  the  modifications  which  the  superior  authorities  may  have 
deemed  proper  to  introduce  therein.  In  case  of  failure  to  accept  these, 
the  deposit  and  the  project  shall  be  returned,  and  the  second  project 
shall  be  taken  up,  proceeding  with  it  in  the  same  manner,  and  thus 
successively  until  the  last,  it  being  understood  that  no  concession  shall 
be  granted  if  none  of  the  petitioners  accept  the  modifications  intro- 
duced. 

(Article  96  of  the  Law.) 

ART.  130.  The  project  which,  according  to  the  previous  article,  shall 
serve  as  the  basis  for  the  bidding,  shall  be  appraised  prior  thereto  in 
the  manner  provided  by  article  50  of  these  Eegulations. 

(Article  96  of  the  Law.) 

ART.  131.  The  bidding  shall  be  made,  in  the  first  place,  upon  the  per- 
centage of  reduction  in  the  rates  approved  for  the  use  of  the  works  j 


67 

and  in  case  there  are  equal  propositions,  a  new  open  bidding  shall  be 
held  between  the  signers  of  the  propositions,  which  shall  be  based  on 
the  raising  of  the  price  which  has  been  assigned  to  the  part  of  the  public 
domain  which  should  be  necessary  to  grant. 

If  the  bidders  should  make  any  proposition  concerning  this  better- 
ment, the  one  who  shall  have  drawn  the  lowest  number  by  lot  before 
proceeding  to  the  opening  of  the  bids,  shall  be  declared  the  best  bidder. 

(Article  96  of  the  Law.) 

ART.  132.  The  petitioner  to  whom  belongs  the  project  which  has 
served  as  the  basis  of  the  bidding,  shall  have  the  right  of  preference 
on  equal  terms  if  he  so  declares  at  the  time  of  the  public  sale, 
which  shall  be  extended  for  one-half  hour  for  this  purpose,  so  that  he 
may  make  use  of  this  right,  which  shall  appear  in  the  minutes.  If  he 
should  not  do  so,  the  person  who  shall  be  declared  the  best  bidder  in 
the  public  sale  shall  be  considered  the  concessionaire,  by  means  of 
a  declaration  made  by  Royal  Decree,  issued  by  the  Colonial  Depart- 
ment after  the  deposit  of  a  guaranty  equivalent  to  3  per  cent  of  the 
amount  of  the  estimate  of  the  works  affecting  the  public  domain. 

The  one  to  whom  the  award  is  made  shall,  moreover,  pay  the  peti- 
tioner whose  project  has  served  as  the  basis  of  the  public  sale  the 
amount  of  said  project,  in  accordance  with  the  appraisal  made,  as  pro- 
vided by  article  130. 

(Article  96  of  the  Law.) 

ART.  133.  The  concessionaire  shall  pay  to  the  State  the  value  at 
which  the  part  of  the  public  domain  which  has  to  be  granted  has  been 
fixed.  This  payment  shall  be  made  at  the  times  and  in  the  manner 
determined  by  the  provisions  of  the  concession. 

(Article  96  of  the  Law.) 

ART.  134.  When  a  work  included  in  number  2  of  article  123  of  these 
Eegulations  is  in  question,  the  petitioner  for  the  concession  shall 
present  the  project  referred  to  in  article  124. 

The  memorial  shall  show  the  necessity  for  the  occupation  of  the 
public  domain,  showing  besides  in  what  manner  and  to  what  extent 
the  work  will  affect  the  general  use  established  thereon. 

In  the  proposal,  besides  the  value  of  the  part  of  the  domain  which 
is  to  be  occupied,  the  damage  to  the  general  use  caused  by  the  execu- 
tion of  the  work  shall  be  stated,  including  both  in  a  single  amount. 

With  the  project  shall  be  accompanied  the  receipt  for  the  deposit  of 
an  amount  equivalent  to  1  per  cent  of  the  estimate  of  the  works  which 
shall  have  to  be  established  on  lands  of  the  public  domain. 

(Article  94  of  the  Law.) 

ART.  135.  After  the  project  is  presented,  it  shall  be  submitted  to  the 
investigations  laid  down  by  article  125,  the  Colonial  Secretary  having 
the  right  to  approve  it.  If  the  work  changes  the  plans  of  the  State, 
there  shall  be  presented  to  the  Cortes  the  proper  form  of  law,  in  the 
manner  prescribed  by  article  53  of  the  general  Law  of  Public  Works. 


68 

In  every  case  the  concession  for  a  work  of  this  class  can  not  be  granted 
without  public  bidding,  as  determined  by  article  97  of  the  same  law. 

(Articles  94  and  97  of  the  Law.) 

ART.  136.  At  the  bidding  the  project  approved  shall  servo  as  the 
basis,  and  the  proposals  shall  be  made  in  the  first  instance  on  reduc- 
tions in  the  rates  for  the  use  of  the  work,  and  in  case  of  equal  proposi- 
tions, on  the  raising  of  the  value  of  the  public  domain  which  shall  have 
to  be  granted,  according  to  the  figure  which,  for  this  purpose,  shall  have 
been  fixed  in  the  approved  estimate,  as  provided  in  article  134. 

(Article  97  of  the  Law.) 

ART.  137.  The  concessions  shall  be  granted  to  the  best  bidder  by 
means  of  a  Royal  Decree,  in  which  shall  be  fixed  the  clauses  and  con- 
ditions indicated  in  Article  126,  and  the  times  and  manner  in  which  the 
concessionaire  shall  pay  to  the  State  the  amount  which  shall  have  been 
fixed  for  the  value  of  the  part  of  the  public  domain  occupied,  and  the 
damages  for  the  loss  of  its  general  use. 

The  guaranty  shall  be  5  per  cent  of  the  estimate  of  the  works  which 
shall  be  executed  on  lands  of  public  domain,  and  shall  not  be  returned 
until  the  concessionaire  shall  have  shown  that  he  has  completed  the 
works  of  the  concession,  as  provided  by  Article  103  of  the  general  Law 
of  Public  Works. 

The  conditions  of  forfeiture  shall  be  the  same  as  those  established 
by  said  Article  126  of  these  Eegulations. 

(Article  98  of  the  Law.) 

ART.  138.  Whenever  for  the  same  work  two  or  more  petitions  for 
concessions  are  presented,  the  selection  of  the  project  which  is  to  serve 
as  the  basis  of  the  biddings  shall  be  proceeded  with  in  accordance  with 
the  provisions  of  Articles  127  and  129,  as  the  case  may  be,  observing  for 
all  other  purposes  the  provisions  of  Articles  130,  131,  and  132. 

(Article  99  of  the  Law.) 

ART.  139.  The  concessions  referred  to  in  the  previous  articles  of  this 
chapter  are  subject,  as  to  their  terms  and  their  general  provisions, 
the  formalities  of  the  grant,  the  right  of  alienation  on  the  part  of  the 
concessionaire,  the  supervision  of  the  works,  and  the  cases  of  forfeiture, 
to  the  provisions  established  for  each  of  these  points  in  Articles  100  to 
104,  both  inclusive,  of  the  general  Law  of  Public  Works. 

(Articles  100  and  104  of  the  Law.) 

ART.  140.  When  the  work,  the  concession  of  which  is  demanded,  is 
included  in  case  number  3  of  Article  123,  and  in  consequence  part  of 
the  public  domain  which  will  be  affected  is  not  devoted  to  any  use  or 
benefit  whatever,  the  petitioner  shall  present  the  project  drawn  accord- 
ing to  the  following  conditions : 

First.  A  memorial  in  which  the  object  of  the  work  is  stated,  and  the 
part  of  the  public  domain  which  is  to  be  occupied,  and  proof  that  said 
part  is  not  devoted  to  any  general  use. 


69 

Second.  Plans  which  give  a  clear  idea  of  the  dispositions  of  the 
works. 

Third.  Approximate  estimate  of  the  same. 

There  shall  be  accompanied,  besides,  the  rates  which  shall  be  estab- 
lished for  the  use  of  the  work  and  the  bases  for  their  application. 

(Article  106  of  the  Law.) 

ART.  141.  The  project  shall  thereafter  be  the  subject  of  an  investiga- 
tion, at  which  all  the  officials  or  Corporations  shall  be  heard  that  in 
each  case  may  be  designated  by  the  special  laws  of  Public  Works  and 
the  Kegulations  for  their  execution ;  and  among  them  there  shall  always 
be  consulted  the  Chief  Engineer  of  the  province  and  the  Governor, 
who  shall  be  the  one  to  direct  the  investigation  and  who  shall  send  its 
result  to  the  General  Government,  which  will  forward  it  to  the  Colonial 
Department. 

The  Secretary,  by  means  of  a  Eoyal  Order,  shall  decide  as  to  the 
concession,  after  hearing  the  Consulting  Board  of  Eoads. 

(Article  105  of  the  Law.) 

ART.  142.  In  case  more  than  one  petition  for  the  same  work  is  pre- 
sented, all  shall  be  submitted  to  a  competitive  examination  during  the 
investigations  referred  to  in  the  preceding  article;  and  the  one  shall 
be  selected  from  among  them  which  offers  the  greatest  advantages  to 
the  public  interests;  and  in  case  of  equality  among  them  the  one 
which  has  been  first  presented;  and  in  neither  of  these  cases  shall  the 
other  petitioners  have  any  right  of  indemnity  whatsoever. 

(Article  105  of  the  Law.) 

ART.  143.  The  essential  clauses  of  the  concessions  referred  to  by 
Article  140  and  the  following  articles  shall  be: 

First.  The  guaranty  which  the  concessionaire  shall  give  in  security 
for  the  fulfillment  of  his  obligations.  This  shall  not  exceed  one  per 
cent  of  the  estimate  of  the  works  affecting  the  public  domain,  and 
shall  be  returned  to  the  interested  party  when  the  works  have  been 
executed  to  the  value  of  one-third  part  of  said  estimate. 

Second.  The  dates  on  which  the  works  are  to  begin  and  end. 

Third.  The  term  of  the  concession,  which  may  be  perpetual  in  cases 
in  which  the  special  laws  of  Public  Works  shall  so  provide. 

(Article  105  of  the  Law.) 

ART.  144.  These  concessions  shall  be  forfeited  when  the  stipulated 
conditions  shall  not  be  fulfilled,  and  then  shall  follow  proceedings  simi- 
lar to  those  provided  by  chapter  2,  title  first,  of  these  Eegulations,  con- 
cerning the  concessions  of  works  of  the  State  without  subsidy. 

(Article  105  of  the  Law.) 

ART.  145.  When  the  work  which  is  to  be  executed  comes  within  the 
case  of  number  4  of  article  123,  the  petitioner  may  state  his  desires  in 
a  petition  directed  to  the  Governor  of  the  province,  who,  following  the 
procedure  determined  by  the  Eegulations  of  the  Special  Laws,  and 
after  hearing  the  Chief  Engineer,  shall  decide  concerning  the  authoriza- 


70 

tion  requested,  imposing  the  proper  conditions  for  the  enjoyment  of 
the  concession.  From  the  decision  of  the  Governor  the  interested 
party  shall  have  the  right  of  appeal  to  the  Govern  or- General  and  to 
the  Colonial  Secretary,  who  shall  decide  finally. 

By  means  of  similar  proceedings  a  request  included  in  paragraph  5 
of  article  123  of  the  Regulations  shall  be  decided,  provided  that  the 
concession  be  temporary;  but  in  case  a  perpetual  concession  be 
requested,  the  decision  shall  be  made  by  the  said  Colonial  Department. 

(Articles  107  and  108  of  the  Law.) 

ART.  146.  Grants  of  the  public  domain  may  be  made  for  works 
devoted  to  the  carrying  on  of  a  private  industry,  in  accordance  with 
article  109  of  the  Law.  The  Special  Law  of  Public  Works  and  the 
Eegulations  for  its  execution  show  the  proceedings  which  in  each  case 
shall  be  followed  in  order  to  obtain  the  concession  which  it  is  proper  to 
grant,  the  clauses  which  it  shall  contain,  and  the  intervention  in  this 
matter  belonging  to  the  administrative  officials. 

(Article  109  of  the  Law.) 

ART.  147.  If,  in  accordance  with  Article  110  of  the  General  Law,  it 
is  requested  that  a  company  or  an  individual  be  given  the  concession  of 
part  of  the  domain  of  the  State,  for  the  construction  of  a  work  devoted 
to  public  or  private  use,  the  same  proceedings  shall  be  observed  as  are 
prescribed  in  the  present  chapter  for  the  granting  of  the  public  domain ; 
but,  nevertheless,  the  following  provisions  shall  be  kept  in  mind: 

First.  In  this  case  the  concession  shall  always  be  made  after  public 
bidding,  which  shall  be  based  on  a  price  better  than  that  approved  in 
the  estimate,  as  affects  that  part  of  the  domain  of  the  State  which  is  to 
be  granted. 

Second.  This  public  bidding  shall  take  place  in  accordance  with  the 
proceedings  and  the  requisites  established  by  the  laws  and  instructions 
in  force  for  the  alienation  of  public  lands,  and  the  amount  of  the  public 
sale  shall  be  paid  in  the  manner  provided  in  the  same  legislation. 

Third.  In  order  to  take  part  in  the  bidding,  a  deposit  of  1  per  cent 
of  the  amount  of  the  estimate  of  the  works  shall  be  made,  and  the  guar- 
anty shall  be  5  per  cent  of  the  same  estimate,  which  shall  not  be  returned 
until  the  complete  termination  of  the  works ;  and 

Fourth.  In  case  of  the  forfeiture  of  the  concession,  the  concession- 
aire shall  lose  the  guaranty  and  the  amounts  which  he  may  have  paid 
for  the  value  of  the  granted  domain,  the  State  taking  charge  thereof 
for  the  use  which  it  may  deem  proper. 

(Article  110  of  the  Law.) 

ART.  148.  If  the  work  which  is  to  be  executed  changes  servitudes 
established  for  the  benefit  of  the  public  domain  of  the  State,  the  con- 
cession thereof  shall  be  granted  by  the  Colonial  Department  or  the 
Governors,  according  to  whether  it  is  perpetual  or  temporary,  and  in 
accordance  with  the  proceedings  provided  for  by  Article  145  of  the 
present  Eegulations. 

(Article  111  of  the  Law.) 


71 

CHAPTER  IX. 

DECLARATION  OF  PUBLIC  UTILITY. 

ART.  149.  The  declaration  of  public  utility  of  the  work  petitioned  for, 
shall  precede  the  execution  of  all  public  works,  the  concession  of 
which  is  requested  by  individuals  or  Companies,  in  the  cases  which  are 
not  excepted  by  Article  113  of  the  General  Law  of  Public  Works. 

(Article  113  of  the  Law.) 

ART.  150.  In  all  petitions  for  the  declaration  of  public  utility  two 
cases  shall  be  distinguished;  that  is  to  say: 

First.  That  there  is  not  asked  in  any  grant  the  benefit  of  neighbor- 
hood, referred  to  in  the  first  paragraph  of  Article  114  of  the  General 
Law. 

Second.  That,  in  addition,  condemnation  of  private  property  under 
the  laws  of  eminent  domain  is  requested  for  the  benefit  of  the  projected 
work. 

(Article  114  of  the  Law.) 

ART.  151.  In  the  first  case  of  the  preceding  article,  the  petitioner 
shall  present  a  preliminary  project,  which  shall  serve  as  the  basis  for  an 
investigation,  in  the  manner  prescribed  by  the  following  articles;  this 
preliminary  project  shall  contain  an  explanatory  memorial,  general 
plans  of  the  works,  and  an  idea  of  its  cost. 

(Article  116  of  the  Law.) 

ART.  152.  If  the  work  should  be  of  a  municipal  character  and  should 
be  included  within  one  single  district,  the  preliminary  plans  shall  be 
submitted  to  a  public  investigation  for  a  period  of  fifteen  days,  the 
Municipal  Council  having  the  right  to  declare  the  utility,  in  view  of 
the  result  of  this  investigation. 

If  the  work,  being  of  a  municipal  character,  affects  more  than  one 
town,  the  information  shall  be  made  in  all  those  which  may  be  inter- 
ested; and  thereafter  each  Municipal  Council,  by  means  of  its  respec- 
tive Alcalde,  shall  send  the  proceedings  to  the  Provincial  Deputation, 
which,  in  this  case,  shall  have  the  right  to  make  the  declaration  of 
utility. 

(Articles  115  and  116  of  the  Law.) 

ART.  153.  If  the  work  should  be  of  a  provincial  character  and  affect 
one  province  only,  the  preliminary  project  shall  be  submitted  to  an  inves- 
tigation of  the  interested  Municipal  Councils,  and  in  view  of  these  the 
Provincial  Deputation  shall  decide  concerning  the  declaration. 

In  the  same  case  when  the  work  is  provincial  and  affects  more  than 
one  province,  there  shall  be  made  in  each  one  the  corresponding  inves- 
tigation, submitting  the  preliminary  project  to  the  examination  of  the 
Municipal  Councils.  The  respective  Alcaldes  shall  send  the  proceed- 
ings to  the  Governor,  and  the  said  Authority,  after  hearing  the  Depu- 
tation and  with  his  own  report,  shall  send  the  proceedings  to  the 


72 

Governor-General,  who  shall  decide  as  to  the  declaration  in  view  of  the 
investigations  made,  when  it  shall  be  according  to  the  Law. 

(Articles  115  and  117  of  the  Law.) 

ART.  154.  In  case  the  work  should  affect  general  interests  and,  as  a 
consequence,  the  character  of  a  State  work,  the  investigation  on  the 
basis  of  the  preliminary  plan  shall  begin  by  hearing  the  interested 
Municipal  Councils,  thereafter  the  Provincial  Deputation  or  Deputa- 
tions which  the  work  affects,  and  the  respective  Governor  shall  send 
to  the  Governor-General  the  proceedings,  so  that  he,  when  the  decision 
does  not  belong  to  him,  according  to  Article  115  of  the  Law,  shall  send 
it  with  his  report  to  the  Colonial  Secretary,  who  shall  make  the  decla- 
ration by  Eoyal  Decree,  according  to  the  provisions  of  said  article. 

(Articles  115  and  117  of  the  Law.) 

ART.  155.  When  the  declaration  of  public  utility  shall  come  within 
the  second  case  of  Article  150,  and  it  shall  be  desired  to  have  a  right  of 
condemnation  of  private  property  under  the  laws  of  eminent  domain, 
the  petitioner  shall  draw  the  project  in  accordance  with  the  provisions 
determined  by  Article  6  of  these  Regulations  for  works  of  the  State, 
adding  the  amount  of  the  tax  and  the  calculation  of  the  probable  earn- 
ings of  the  Company. 

The  petitioner  shall  also  present  the  documents  which  he  may  deem 
proper  in  order  to  prove  the  necessity  of  the  declaration  of  utility,  and 
shall  add  to  the  project  a  statement,  according  to  the  municipal  dis- 
tricts, of  all  the  proprietors  whose  estates  shall  have  to  be  occupied  by 
the  execution  of  the  work. 

The  project  shall  be  delivered  by  the  petitioner  to  the  Governor  of 
the  province,  who  shall  have  charge  of  directing  the  investigation  which 
is  to  precede  the  declaration. 

(Articles  115  and  117  of  the  Law.) 

ART.  156.  If  the  work  should  be  of  a  municipal  character,  the 
Governor-General  shall  announce  in  the  Boletin  Oficial  the  petition, 
together  with  the  list  of  names  of  the  parties  interested  in  the  con- 
demnations, ordering  at  the  same  time  that  the  petitioner  proceed  to 
a  survey  of  the  works  on  the  ground,  of  which  he  shall  notify  the 
Alcalde  of  the  district  in  which  the  work  is  to  be  executed,  to  the  end 
that  he  give  notice  to  the  interested  owners  and  inform  them  of  the 
day  or  days  the  said  survey  is  to  take  place. 

The  petitioner  or  his  delegate  shall  then  proceed,  on  the  days  fixed, 
to  the  said  survey,  hearing  on  the  ground  the  owners  of  the  estates 
which  the  works  will  have  to  occupy,  and  giving  orally  such  explana- 
tions as  they  may  desire. 

Within  twenty  days  following  the  termination  of  the  survey  the  par- 
ties interested  in  the  condemnation  proceedings  may  make  whatever 
claims  they  may  deem  pertinent  as  to  their  rights  and  shall  direct  the 
same  to  the  Alcalde  of  the  proper  town. 

The  Municipal  Council,  after  hearing  the  technical  Director  of  the 
Municipal  Works,  shall  deliberate  concerning  the  claims  presented, 


73 

and  as  to  whether  the  utility  should  or  should  not  be  declared ;  and  the 
Alcalde  shall  send  to  the  Governor- General  the  proceedings,  with  the 
report  which  might  have  been  agreed  upon  by  the  Municipal  Council, 
or  with  his  own  report. 

The  Governor,  after  first  hearing  the  petitioner  and  the  report  of  the 
Chief  Engineer  and  of  the  Provincial  Deputation,  shall  make  the 
declaration  of  public  utility  by  a  resolution,  setting  forth  the  reasons, 
which  shall  be  inserted  in  the  Boletin  Oficial  of  the  Province. 

(Articles  115  and  117  of  the  Law.) 

ART.  158.  If  the  work  should  be  of  a  provisional  character,  the 
Governor  shall  follow  all  the  proceedings  provided  for  by  article  156, 
and  shall  decide  on  the  declaration,  after  hearing  the  Provincial  Depu- 
tation, the  petitioner,  and  the  Chief  Engineer. 

If  the  work  should  be  of  a  provisional  character,  affecting  the  terri- 
tories of  two  or  more  provinces,  there  shall  be  observed  in  all  the  prov- 
inces rules  similar  to  the  preceding  ones ;  but  the  Governors,  instead 
of  deciding,  shall  confine  themselves  to  sendiDg,  with  their  report  to  the 
Governor-General,  the  investigations  made  in  their  respective  provinces. 
The  Governor- General  shall  decree  in  this  case  as  to  the  declaration  of 
utility  whenever  it  shall  belong  to  him,  according  to  the  Law. 

(Articles  115  and  117  of  the  Law.) 

ART.  159.  When  works  are  in  question  which  affect  the  general 
interests  of  the  State,  the  declaration  of  public  utility  shall  be  made  by 
the  Colonial  Department,  or,  when  the  power  is  given  him  by  law,  by 
the  Governor-General,  after  following  all  the  proceedings  prescribed  by 
the  two  preceding  articles,  and  after  report  from  the  Consulting  Board 
of  Eoads,  Canals,  and  Ports  concerning  the  proceedings  sent  by  the 
Governors. 

(Articles  115  and  117  of  the  Law.) 

ART.  160.  From  the  decisions  which,  in  connection  with  public 
utility,  the  Administration  may  render,  there  shall  be  the  right  of 
appeal  by  administrative  litigation,  in  order  that,  before  the  hier- 
archical superior,  and  after  the  latter  has  rendered  a  final  decision,  the 
administrative  litigation  shall  be  proceeded  with,  when,  in  the  pro- 
ceedings begun  for  this  purpose,  there  was  some  error  in  the  form  of 
procedure  infringing  on  the  provisions  which  regulate  the  course  which 
is  to  be  observed. 

(Article  118  of  the  Law.) 

Approved  by  Royal  Order  of  this  date. 

Madrid,  April  26,  1883. 

NUNEZ  DE  AROE. 


ARTICLES  OP  GENERAL  CONDITIONS 


FOR   THE 


CONTRACTING  FOR  PUBLIC  WORKS  IN  CUBA. 


75 


GENERAL  GOVERNMENT  OF  THE  ISLAND  OF  CUBA, 

Office  of  the  Secretary,  Department  of  Public  Works. 
Under  date  of  the  llth  of  last  December  the  Colonial  Department 
communicates  to  His  Excellency,  the  Governor- General,  the  Eoyal 
Order,  which  says: 

YOUR  EXCELLENCY:  Under  this  date  His  Majesty  the  King  (whom  God  preserve) 
has  seen  fit  to  issue  the  following  Royal  Decree.  Considering  the  reasons  submitted 
to  me  by  the  Colonial  Secretary,  and  in  conformity  with  the  Council  of  State,  I 
decree  the  following : 

ART.  1.  The  Governor-General  of  the  Island  of  Cuba,  as  the  Superior  Authority 
representing  the  Government  of  the  nation  and  as  delegate  of  the  Colonial  Secre- 
tary, is  the  Chief  of  the  service  of  public  works  of  the  Island. 

ART.  2.  The  Consulting  Board  of  Public  Works  is  the  Corporation  charged  with 
informing  concerning  all  matters  deemed  convenient  by  the  Governor-General  in 
regard  to  its  department  and  in  accordance  with  its  regulations. 

ART.  3.  The  Inspector-General  is  the  second  Chief  of  the  service  of  public  works 
and  of  its  personnel,  and  as  such  is  charged  with  its  immediate  supervision,  with 
sending  the  proper  reports,  with  making  the  proposals  directed  to  the  Governor- 
General,  and  advising  him  on  all  matters  on  which  he  may  be  consulted.  He  shall 
take  the  steps  and  prepare  the  decision  as  to  the  various  proceedings,  in  accordance 
with  the  existing  laws  and  provisions,  without  prejudice  to  the  reports  which  the 
said  Superior  Authority,  for  his  better  information,  may  in  the  last  stage  deem  it 
convenient  to  demand. 

ART.  4.  The  proceedings  regarding  concessions,  projects,  construction,  and  the 
service  and  preservation  of  public  works,  shall  be  commenced  in  the  civil  Govern- 
ments of  their  Provinces,  and  must  be  followed  in  the  first  steps  according  to  exist- 
ing provisions,  and  must  be  continued  in  them,  the  Governor  of  the  Province 
deciding,  or  proposing  a  decision,  as  the  case  may  be.  Only  when  it  is  a  case  refer- 
ring to  or  in  which  two  or  more  Provinces  are  concerned,  or  in  those  of  general 
character,  shall  the  proceedings  be  initiated  in  the  General  Government,  which 
will  send  it  to  the  proper  authority,  so  that  the  Provincial  authorities  interested 
may  be  heard. 

ART.  5.  The  Governor-General,  in  accord  with  the  Consulting  Board  and  with  the 
Inspector-General,  may  decide,  according  to  law,  as  to  those  works,  the  total  and 
complete  estimate  of  which  shall  not  exceed  5,000  pesos,  it  being  understood  that 
they  shall  be  isolated  or  independent  works,  or  those  relating  to  preservation! 
repairs,  or  additions,  which  will  not  change  the  form  and  condition  of  others; 
therefore  he  shall  not  approve  projects  or  estimates  of  work,  of  sections  of  high- 
ways, roads,  or  buildings,  the  direction,  project,  or  general  disposition  of  which 
shall  not  have  been  previously  approved  by  the  Government,  much  less  to  commence 
work  of  these  kinds,  without  express  authority. 

ART.  6.  The  Governor-General  shall  not  give  in  advance  any  authorization,  if  it 
be  not  clearly  within  his  rights  or  those  expressly  delegated  to  him  by  the  Govern- 
ment, unless  it  shall  be  clearly  within  the  provisions  of  the  fifth  right  of  the  second 
article  of  the  Royal  Decree  of  June  9,  1880,  concerning  powers  of  the  Governor- 
General  j  and  even  in  these  cases,  in  accord  with  the  Consulting  Board,  the  Council 

77 


78 

of  Administration,  and  the  General  Inspection  of  Public  Works,  reporting  by  tele- 
graph, and  sending  the  proceedings  which  justify  the  measure  by  the  first  mail. 

ART.  7.  The  projects  and  the  estimates  for  the  preservation  and  repair  of  high- 
ways, the  amounts  of  which  are  already  provided  for  by  the  General  Budget  of  the 
Island,  may  be  directly  approved  by  the  Governor-General,  in  accord  with  the  Con- 
sulting Board  and  the  General  Inspection  of  Public  Works;  but  they  must  be  made 
up  annually,  adjusting  themselves  strictly  to  the  forms  and  provisions  previously 
approved  by  the  Government,  and  according  to  the  prices  fixed  in  them  as  the  basis 
of  the  Budgets. 

ART.  8.  Any  change  which  may  be  deemed  convenient  to  be  made  in  the  prices 
and  conditions  of  the  forms  approved  for  the  drafting  of  the  projects  and  Budgets 
for  preservation  or  repair,  and  which  will  essentially  concern  them,  shall  be  sub- 
mitted to  the  Superior  Authority  and  authorized  by  him. 

ART.  9.  The  Inspector-General  may  authorize  the  Chief  Engineers  to  introduce  in 
approved  projects  changes  in  form  and  detail  which  will  not  alter  the  conditions  of 
resistance  of  the  works  nor  their  object,  such  as  changes  of  levels,  modification,  and 
substitution  in  the  kind  of  building,  variation  of  some  detail  of  construction,  change 
in  some  alignment,  modification  of  the  height  of  the  fences,  culverts,  and  pontoons ; 
but  always  providing  that  these  changes  do  not  increase  the  total  estimate  of  the 
works. 

ART.  10.  When  the  said  changes  or  the  cost  of  the  works  should  increase  the  esti- 
mates already  approved,  they  can  not  be  authorized  by  the  General  Inspection, 
which  in  a  proper  case  shall  submit  them  to  the  decision  of  the  Governor-General, 
after  an  opinion  of  the  Consulting  Board  of  Public  Works  of  the  Island.  The 
Governor- General  shall  only  once  authorize  the  increase,  when  it  refers  to  a  work 
approved  by  a  Royal  Decision,  and  it  does  not  exceed  4, 000  pesos,  or  when  it  belongs 
to  a  work  the  project  of  which  has  been  approved  by  his  authority,  and  the  approved 
estimate  of  which  shall  in  no  case  exceed  2,000  pesos ;  always  immediately  inform- 
ing the  Government  of  the  authorization,  and  submitting  the  increase  to  its  exam- 
ination and  approval,  whenever  the  amount  shall  exceed  that  sum. 

ART.  11.  The  Governor-General  shall  not  by  himself  authorize  any  concession  what- 
ever for  the  construction  of  roads,  canals,  ports,  works  on  the  beaches  or  on  the  sea- 
shore, if  not  expressly  and  clearly  authorized  by  the  laws  and  general  provisions. 
Such  concessions  shall  be  submitted  to  the  general  procedure  indicated  by  the  laws, 
and  shall  be  decided  by  the  Central  Government,  unless  he  has  been  delegated  with 
powers  for  that  purpose. 

ART.  12.  The  Governor- General,  after  hearing  the  proper  authorities  and  Corpora- 
tions, shall  propose  whatever  measures  he  may  deem  convenient  for  the  greater 
activity  and  development  of  public  works,  as  well  as  the  modifications  which  he  may 
deem  necessary  or  advantageous,  resulting  from  the  study  and  application  of  the 
laws  and  provisions  in  force,  for  the  best  development  of  the  interests  of  the  Island. 

All  of  which,  by  Royal  Order,  I  transmit  to  Your  Excellency  for  your 
information,  inclosing  a  copy  of  the  Gaceta  in  which  the  said  Eoyal 
Decree  is  inserted. 

And  His  Excellency  having  ordered  its  execution  under  date  of  the 
7th  instant,  it  is  published  by  his  order  in  the  Gaceta  Oficial  for  general 
information. 

Habana,  January  16,  1884. 

The  Secretary  of  the  General  Government, 

M.  DIAZ  DE  LA  QUINTANA. 

(Gaceta,  January  4, 1884.) 


79 

Under  date  of  the  7th  of  last  January,  the  Colonial  Secretary  com- 
municates to  His  Excellency  the  Governor-General  the  Eoyal  Decree, 
which  says: 

YOUR  EXCELLENCY:  It  being  just  and  important  that  the  promotions  for  service 
rendered  in  the  Colonies  shall  always  be  granted  with  exactness,  and  on  the  dates 
on  which  the  time  is  fixed  therefor  under  existing  provisions,  and  that  therefore  the 
petition  and  proceedings  shall  be  commenced  and  proceeded  with  before  the  expira- 
tion of  said  time,  demanding  that  the  petitions  of  the  Engineers  and  Assistants  of 
Public  Works  shall  be  made  at  least  three  or  four  months  in  advance,  according  to 
whether  they  serve  in  the  Islands  of  Cuba  and  Puerto  Rico  or  in  the  Philippines; 
dating  back  the  promotion  to  the  corresponding  date  of  the  termination  of  the 
period  fixed,  whenever  the  proceedings  shall  not  have  been  concluded;  His  Majesty 
the  King  (whom  God  preserve)  has  ordered,  as  an  explanation  of  the  provisions  of 
the  Royal  Order  of  September  14th,  1879,  that  when  the  regulation  time  shall  approach 
for  the  promotion  of  Engineers  and  the  Assistants  of  Public  Works  serving  in  the 
Colonies,  and  who  desire  to  continue  their  services  there,  they  shall  send  their  peti- 
tions at  least  three  months  in  advance,  when  they  reside  in  the  Islands  of  Cuba  and 
Puerto  Rico,  and  four  months  if  in  the  Philippines,  so  that  they  may  decide  concern- 
ing them  at  the  proper  time.  By  Royal  Order,  I  communicate  it  to  you  for  your 
information  and  consequent  action. 

And  His  Excellency  having  ordered  its  execution  on  the  8th  instant, 
it  is  published  by  his  order  in  the  Gaceta  for  general  information. 
Habana,  February  15,  1884. 
The  Secretary  of  the  General  Government, 

MARIANO  ARREDONDO. 
(Gaceta,  February  23, 1884.) 


Under  date  of  the  18th  of  last  October,  and  under  number  1545,  the 
Colonial  Secretary  communicates  to  His  Excellency  the  Governor- Gen- 
eral the  Eoyal  Order,  which  says : 

YOUR  EXCELLENCY  :  Considering  the  communications  of  Your  Excellency,  num- 
bered 1454  and  1474  of  the  3d  and  the  5th  of  last  July,  respectively,  in  which  Your 
Excellency  informs  me  of  the  provisions  adopted  for  the  proceedings  in  matters  of 
Public  Works  in  that  Island,  and  of  the  personnel  of  the  same— Whereas,  when 
the  Royal  Decree  of  May  29th  of  this  year  was  promulgated,  suppressing  the  post 
of  Inspector  of  Public  Works  for  reasons  of  economy,  it  was  not  the  intention  of 
His  Majesty's  Government  to  alter  the  existing  organization  in  the  service  of 
Public  Works  of  that  Island,  as  can  be  proved  by  no  resolution  having  been  taken 
in  the  matter,  and  the  Royal  Order  of  the  llth  of  the  following  June,  in  which  it 
was  commanded  that  the  Chief  of  the  Province  of  Habana  should  take  charge  of 
the  matters  entrusted  to  the  Inspection — Whereas,  the  Chief  of  the  service  to 
whom  shall  be  entrusted  the  dispatch  of  the  matters  of  the  Inspection  shall  exer- 
cise de  facto  the  duties  which  the  Royal  Decree  of  the  llth  of  last  December  and  the 
other  provisions  in  force  in  this  connection  assign  to  the  Inspector-General  of  Pub- 
lic Works;  duties  which,  according  to  the  Regulations,  belong  to  the  Senior  Engi- 
neer of  the  Corps  of  Roads  of  the  Island,  who  is  at  present  the  Chief  Engineer  of 
the  Department  of  Public  Works  of  the  Office  of  the  Secretary  of  the  General  Gov- 
ernment. Whereas,  this  last  position  is  of  an  inferior  class  to  that  which  he  now 
occupies,  and  besides  is  incompatible  with  the  duties  pertaining  to  the  one  in  charge 


80 

of  the  Inspection  of  Public  Works;  His  Majesty,  the  King  (whom  God  preserve), 
has  seen  fit  to  decree : 

First.  That  the  organization  of  the  service  of  public  works  of  that  Island,  as  pre- 
scribed by  the  Royal  Decree  of  the  llth  of  last  December,  and  the  other  existing 
provisions  concerning  the  matter,  be  declared  in  force,  leaving  without  eft'ect  those 
issued  by  that  General  Government,  and  of  which  Your  Excellency  informs  me  in 
his  communication  of  the  5th  of  last  July. 

Second.  That  the  Chief  Engineer  of  the  first  class  of  Roads,  Canals,  and  Ports, 
Jos6  Paz  Peraza,  be  appointed  Inspector  of  the  Railways  of  the  West,  giving  him 
charge  at  the  same  time  of  the  dispatch  of  matters  of  the  General  Inspection  of 
Public  Works  of  the  Island. 

Third.  That  the  Chief  Engineer  of  the  second  class  of  Roads,  Canals,  and  Ports, 
Jose"  Pujols  y  Rusell,  be  appointed  Chief  of  the  Department  of  Public  Works  of  the 
office  of  the  Secretary  of  that  General  Government.  I  communicate  it  to  Your  Excel- 
lency by  Royal  Order,  for  your  information  and  consequent  action. 

And  His  Excellency  having  ordered  its  execution  on  the  8th  of  this 
month,  I  publish  it  by  his  order  in  this  way  for  general  information, 
letting  it  be  known  at  the  same  time  that,  as  a  result  of  the  Sovereign 
decision,  the  Chiefs  of  this  branch  in  the  provinces  of  the  Island  shall 
cease  to  directly  communicate  to  the  Civil  Governors  of  the  same,  but 
shall  in  the  future  do  so  in  the  same  form  as  heretofore,  to  the  General 
Inspection  of  Public  Works,  which  is  reestablished  by  the  foregoing 
Koyal  Order. 

Habana,  November  21,  1884. 

The  Secretary  pro  tempore  of  the  General  Government, 

ANTONIO  DE  CASTILLO. 

(Gaceta,  November  25,  1885.) 


Under  date  of  the  12th  of  August  last  past  and  number  1140,  the 
Colonial  Department  communicates  to  His  Excellency  the  Governor- 
General  the  following  Koyal  Order : 

YOUR  EXCELLENCY:  On  this  date  His  Royal  Majesty  the  King  (whom  God  pre- 
serve) has  seen  fit  to  issue  the  following  Royal  Decree : 

ART.  1.  Public  works  and  services  connected  therewith  which  are  in  charge  of  the 
General  Inspections  in  Cuba  and  the  Philippines,  and  of  the  office  of  the  Chief  of 
Public  Works  in  Puerto  Rico,  shall  be  executed,  in  general,  by  contract  awarded 
after  public  bidding  in  accordance  with  existing  provisions. 

ART.  2.  In  the  cases  excepted  from  the  formalities  of  public  bidding  by  Article  6 
of  the  Royal  Decree  of  the  27th  of  February,  1852,  extended  to  the  Colonies  by 
Royal  Order  of  September  29,  1856,  and  by  the  3d  of  the  Instructions  of  August  25, 
1858,  issued  for  the  Philippines,  public  works  and  services  included  therein  shall  be 
contracted  for  by  private  contracts  or  by  the  agreements  provided  for  by  Article  4 
of  said  Instructions. 

ART.  3.  Works,  parts  of  works,  and  property  which  shall  have  to  be  constructed 
or  acquired  in  the  Peninsula  or  in  foreign  countries  to  be  transported  to  our  Colonies, 
shall  be  excepted  from  the  award  on  public  bidding  and  may  be  the  subject  of  private 
contract.  Works  included  in  this  class,  the  value  of  which  does  not  exceed  forty 
thousand  pesos  for  the  Philippines  and  Cuba,  and  twenty  thousand  for  Puerto  Rico, 
may  be  contracted  for  by  the  respective  Governors-General,  but  they  must  neces- 
sarily be  made  by  the  Colonial  Department  whenever  they  exceed  said  sums, 


81 

ART.  4.  There  may  be  executed  by  the  sj'stem  of  management: 

First.  Works  and  services  the  value  of  which  does  not  exceed  a  thousand  pesos, 
but  it  shall  not  be  necessary  to  enter  into  the,contract  for  the  same  by  means  of  any 
public  bidding  nor  by  private  contract. 

Second.  Those  exceeding  said  sum  and  included  in  one  of  the  excepted  cases  by 
Article  6  of  the  Royal  Decree  of  the  27th  of  February,  1852,  and  the  third  of  the 
Instructions  of  August  25,  1858,  above  cited;  and  if  it  shall  not  have  been  possible 
to  enter  into  a  private  contract  for  them  after  attempting  to  do  so,  if,  from  the 
reports  of  the  Consulting  Boards  of  Public  Works  in  the  Philippines,  Cuba,  and 
Puerto  Rico,  it  appears  that  it  is  more  advantageous  to  execute  them  by  management 
than  by  increasing  the  prices  or  changing  the  conditions  in  order  to  again  expose 
them  to  public  bidding.  In  the  last  case  an  attempt  shall  be  made  to  again  make  a 
contract  by  public  biddings,  or  in  default  thereof  by  private  contract,  before  order- 
ing the  execution  by  management. 

Third.  Those  which,  whatever  may  be  their  value,  may  be  declared  of  the  utmost 
necessity  and  urgency,  by  the  procedure  provided  for  by  existing  legislation. 

Fourth.  Those  which  demand  especial  care  from  a  technical  point  of  view,  pro- 
vided that  they  are  proposed  by  the  respective  Consulting  Boards.  In  the  cases 
mentioned,  Governors- General  shall  have  the  right  to  order  the  execution  by  the 
management  system  of  the  works  and  services  in  question,  when  the  estimates  do 
not  exceed  forty  thousand  pesos  in  the  Philippines  and  Cuba  and  twenty  thousand 
in  Puerto  Rico.  When  the  work  or  service  has  a  cost  greater  than  the  sums 
expressed,  or  should  not  be  included  in  the  third  case  of  this  article,  its  execution 
by  management  shall  be  referred  to  the  Colonial  Department. 

ART.  5.  The  materials  or  property  which  are  used  in  the  work,  the  execution  of 
which  is  ordered  by  the  management  system,  may  also  be  acquired  by  management. 
When  it  is  considered  advisable  to  begin  the  contracting  of  any  or  some  of  said 
materials  or  property  by  public  bids  or  by  private  contract,  it  shall  be  thus  expressly 
determined  when  the  execution  of  the  works  is  authorized  by  the  proper  person. 

ART.  6.  For  the  purchase  of  materials  or  property  necessary  for  the  works  which 
shall  be  made  by  management,  and  for  the  repairs  of  those  already  constructed,  the 
Engineers  in  charge  of  the  works  may  dispose  of  an  amount  not  exceeding  five 
hundred  pesos;  and  with  the  authorization  of  the  Inspector- General  of  Public 
Works  in  Cuba  and  the  Philippines  or  of  the  Chief  Engineer  of  the  province  of 
Puerto  Rico,  when  the  amount  exceeds  this  sum  up  to  one  thousand  pesos.  When 
the  amount  of  any  material  or  property  should  enter  into  consideration  in  some 
work  of  a  value  greater  than  this,  its  purchase  or  construction  or  extraction  by 
management  shall  be  authorized,  and  the  authorization  of  this  greater  sum  shall  be 
given  by  the  Governors-General. 

ART.  7.  The  provisions  of  this  decree  include  public  works  and  service  related 
thereto,  whatever  may  be  the  source  of  the  funds  with  which  they  are  paid. 

ART.  8.  Governors-General  shall  make  a  report  to  the  Colonial  Department  of  the 
contract,  by  public  bids  or  by  private  agreement,  of  all  works  or  services  the  cost  of 
which  exceeds  a  thousand  pesos,  and  the  authorizations  for  the  execution  by  man- 
agement or  for  the  purchase  of  materials  and  property  which  exceed  said  sum. 

ART.  9.  All  the  previous  provisions  which  are  changed  by  this  decree  are  hereby 
repealed.  All  of  which  by  Royal  Order  I  communicate  to  Your  Excellency,  for  your 
information  and  consequent  action. 

And  its  execution  having  been  ordered  by  His  Excellency,  under  date 
of  the  7th  instant,  by  his  order  it  is  published  in  the  Gaceta  for  general 
information. 

Habana,  September  9,  1885. 
The  Secretary  of  the  General  Government, 

H.  E.  DE  REGUENGA. 
(daceta,  September  15, 1885.) 
21634 6 


82 

Under  date  of  August  12  last  past  and  No.  1143,  the  Colonial  Depart- 
ment communicates  to  His  Excellency  the  Governor- General  the  fol- 
lowing Eoyal  Order: 

YOUR  EXCELLENCY:  Under  this  date  His  Royal  Majesty  the  King  (whom  God 
preserve)  has  deemed  proper  to  issue  the  following  decree: 

ART.  1.  The  Governors-General  of  the  Philippines,  Cuba,  and  Puerto  Rico  may 
approve  the  projects  of  all  kinds  of  services  and  public  works,  whether  new,  or  of 
preservation,  or  of  repair,  the  estimates  of  which  do  not  exceed  40,000  pesos  in  the 
first-mentioned  cases  and  20,000  in  the  last,  providing  that  their  decisions  are  in 
accord  with  the  reports  of  the  General  Inspections  and  of  the  office  of  the  Chief  of 
Public  Works,  respectively,  or  of  the  respective  Consulting  Boards,  or  with  the 
Councils  of  Administration  in  the  cases  when  it  is  proper  to  hear  them. 

ART.  2.  Whenever  the  said  resolution  is  not  had,  or  when  the  estimates  exceed 
said  amounts,  the  proceedings  shall  be  sent  for  the  decision  of  the  Government, 
Bending  duplicates  of  the  documents  which  form  the  projects. 

ART.  3.  There  shall  also  be  sent,  within  thirty  days,  copies  of  the  proceedings  and 
projects  which  are  approved  in  accordance  with  the  provisions  of  Article  1. 

ART.  4.  The  Governors-General  of  the  said  provinces  may  decide  by  themselves  on 
the  execution  of  the  services  and  public  works,  the  projects  of  which  may  have  been 
approved,  providing  that  their  cost  does  not  exceed  the  sums  respectively  estab- 
lished by  Article  1,  when  there  is  a  credit  in  the  existing  budgets  for  the  payment 
of  the  work  referred  to,  reporting  to  the  Government  all  the  decisions  which  shall 
be  made,  from  the  commencement  to  the  termination  of  the  work  and  the  service, 
their  acceptance,  and  the  liquidations  when  once  approved. 

ART.  5.  If  there  should  be  no  credits  sufficient  in  the  budgets,  or  when  the  work 
or  service  should  exceed  the  amounts  referred  to,  the  Government  shall  be  consulted 
in  regard  to  its  execution,  the  system  of  management  or  that  of  contract  by  public 
bids  being  proposed,  sending  in  the  latter  case  the  articles  of  economic  conditions 
and  the  other  necessary  documents,  and  in  due  time  report  thereof  shall  be  made,  as 
also  of  the  beginning  and  the  termination  of  the  work,  sending  the  approval  of  the 
memoranda  of  acceptance  and  liquidation. 

ART.  6.  The  Governors-General  of  the  Philippines,  Cuba,  and  Puerto  Rico  may 
advance  the  authorization  for  the  approval  of  public  works  and  for  the  con- 
struction of  works  destined  for  private  service,  the  concession  of  which,  according 
to  the  Law  of  Waters  of  the  3d  of  August,  1866,  in  force  in  the  Colonies,  pertains  to 
the  Government,  whenever  they  may  do  so  in  accordance  with  the  report  of  the 
General  Inspection  and  of  the  Consulting  Boards  in  the  Philippines  and  Cuba,  and 
of  the  office  of  the  Chief  of  Public  Works  and  the  Consulting  Board  in  Puerto  Rico, 
and  in  accordance  also  with  the  reports  of  the  respective  Councils  of  Administra- 
tion, when  these  should  be  heard,  necessarily  sending  by  the  first  mail  the  complete 
proceedings  to  the  Government,  which  shall  continue  the  proceedings,  reserving 
the  right  to  decide  them  finally  and  to  grant  the  concession  prayed  for,  when  this 
shall  be  proper. 

ART.  7.  In  no  case  may  Governors-General  advance  the  authorization  referred  to 
in  the  previous  article,  before  the  proceedings  prescribed  by  the  Law  of  Waters  in 
force  shall  have  been  completely  terminated  in  the  respective  General  Government, 
ready  to  be  sent  by  the  first  mail  for  superior  decision. 

ART.  8.  When  the  resolution  to  which  Article  5  refers  is  not  adopted,  Governors- 
General  can  not  advance  the  authorization  either  to  effect  the  use  prayed  for,  or  to 
undertake  the  projected  works,  being  compelled  to  wait  for  the  decision  of  the 
respective  proceedings  by  the  Government. 

ART.  9.  For  the  application  of  this  decree,  by  public  works  shall  be  understood 
all  those  which  in  the  Philippines  and  Cuba  are  in  charge  of  the  respective  General 
Inspections,  and  of  the  office  of  the  Chief  of  Public  Works  in  Puerto  Rico. 


83 

ART.  10.  The  provisions  of  this  decree  are  understood  without  prejudice  to  the 
powers  which  existing  legislation  grants  to  superior  Authorities  of  the  Colonies  in 
grave  and  urgent  cases  and  in  those  of  absolute  necessity,  demonstrated  in  the  man- 
ner provided  for.  Their  decisions  in  these  matters  shall  be  communicated  to  the 
Government  as  soon  as  possible  for  the  final  decision  which  may  be  proper. 

ART.  11.  The  General  Laws  of  Public  Works  of  Cuba  and  Puerto  Rico,  the  respec- 
tive regulations  for  their  application,  that  of  May  21,  1868,  reorganizing  the  service 
of  public  works  in  the  Philippines,  and  the  law  of  Waters  of  August  3,  1866,  shall 
be  understood  to  be  changed  in  those  parts  which  are  in  conflict  with  the  provisions 
of  this  decree. 

ART.  12.  The  Cortes  shall  be  informed  of  this  decree.  All  of  which  by  Royal 
Order  I  communicate  to  Your  Excellency  for  your  information  and  consequent  action. 

And  its  execution  having  been  ordered  by  His  Excellency,  under  date 
of  the  7th  instant,  by  his  order  it  is  published  for  general  information. 
Habana,  September  9, 1885. 
The  Secretary  of  the  General  Government, 

H.  E.  DB  KEGUENGA. 
(Gaceta,  September  19, 1885.) 


Under  date  of  August  2  last  past  and  number  873,  the  Colonial 
Department  communicates  to  His  Excellency  the  Governor-General 
the  following  Royal  Order: 

YOUR  EXCELLENCY  :  The  King  (whom  God  preserve)  and  in  his  name  the  Queen 
Regent  of  the  Realm,  has  seen  fit  to  issue  under  this  date  the  following  Royal 
Decree:  In  view  of  the  proceedings  begun  in  the  Island  of  Cuba,  relating  to  the 
convenience  referred  to  for  the  study  and  construction  of  the  highroad  of  Victoria 
de  las  Tunas  to  Puerto  Padre,  at  the  first  point  of  Manati  which  is  shown  in  the 
second  place  in  the  plan  of  highroads  of  that  Island,  which  was  published  in  the 
Gaceta  of  Madrid  November  23, 1883 :  In  view  of  the  proceedings  established  therein 
and  the  reports  sent  concerning  the  said  highroad,  as  well  in  the  Island  of  Cuba  as 
by  the  Consulting  Board  of  Roads,  Canals,  and  Ports,  keeping  in  mind  the  resolu- 
tions concerning  said  plan  by  the  Colonial  Department  and  by  the  Council  of  Minis- 
ters, from  whose  decision  at  appears  that  the  highway  of  Victoria  de  las  Tunas  to 
Manati  was  substituted  by  that  of  Victoria  de  las  Tunas  to  Puerto  Padre,  and  only 
by  material  error  the  first  instead  of  the  second  was  put  in  the  second  place  on 
drafting  the  Royal  Decree  of  November  23, 1883;  and  in  view  of  the  report  which 
has  recently  been  published  by  the  Consulting  Board  of  Roads,  Canals,  and  Ports 
concerning  the  proceedings  recently  sent  by  the  Governor-General  of  the  Island  of 
Cuba  concerning  this  matter,  and  on  the  proposal  of  the  Colonial  Department ;  in 
the  name  of  my  August  Son  the  King,  Don  Alfonso  XIII,  and  as  Queen  Regent  of  the 
Realm,  I  hereby  decree  as  follows : 

ART.  1.  The  general  plan  of  highroads  which  shall  be  followed  in  the  Island  of 
Cuba,  for  the  purposes  of  Article  4  of  the  law  ordered  to  be  enforced  by  Royal  Decree 
of  June  1,  1883,  includes  the  following : 

First,  from  Holguin  to  Gibara;  second,  from  Victoria  de  las  Tunas  to  Puerto  Padre; 
third,  from  Bayamo  to  Manzanillo;  fourth,  from  Santa  Catalina  de  Guaso  to  the 
port  of  Ta"namo,  through  Sagua  de  Ta"namo;  fifth,  from  Victoria  de  las  Tunas  to  Hol- 
guin; sixth,  from  Holguin  to  Jiguanf,  through  Cacocun;  seventh,  from  Puerto  Prin- 
cipe to  Santa  Cruz;  eighth,  from  Santa  Cruz  to  Sancti  Spiritus,  through  Jiquimas, 
Giiinia  de  Santo  Fernandez  (railroad  station  of  Trinidad),  and  Banao ;  ninth,  from 
De  la  de  Guanay  to  Mariel,  to  Cabanas;  tenth,  from  Bahia  Honda  to  the  land- 
ing place  of  Sabanalamar,  through  San  Crist6bal;  eleventh,  from  Holguin  to  Sa- 
banilla  (railroad  station  of  Cuba),  through  Tacamaro  and  Mayarf ;  twelfth,  from 


84 

Pinar  del  Rio  to  the  landing  place  of  San  Cayetano,  through  Rio  Honda  and  Conso- 
lacidn  del  Norte;  thirteenth,  from  Pinar  del  Rio  to  the  landing  place  of  Bailcn, 
through  San  Juan  and  Galafre ;  fourteenth,  from  the  landing  place  of  Baile"n  to  those 
of  Arroyos,  through  Guane  and  Mantua;  fifteenth,  from  Santa  Catalina  de  Guaso  to 
Baracoa;  sixteenth,  from  Cabanas  to  Bahia  Honda,  through  San  Diego  fie  Nunez; 
seventeenth,  from  Cienfuegos  to  Trinidad,  through  Arimao,  Gavilan,  and  Cabaiguan. 

Highroads  which  are  of  interest  to  the  defense  of  the  territory:  First,  from  San- 
tiago de  Cuba  to  Vicana,  through  El  Cobre,  Guisa,  and  Zarzal ;  second,  from  Puerto 
Principe  to  La  Guanaja;  third,  from  San  Geronimo  to  Vertieutes;  fourth,  from  Bahia 
Honda  to  Mantua. 

ART.  2.  The  highroads  included  in  each  one  of  the  two  groups  should  be  studied 
and  constructed  in  the  order  in  which  they  are  set  forth  in  the  order. 

ART.  3.  The  study  and  construction  of  highroads  shall  be  suspended,  the  line  of 
which  shall  have  to  follow  the  direction  of  a  railroad  which  is  in  course  of  construc- 
tion. All  of  which  by  Royal  Decree  I  communicate  to  Your  Excellency  as  a  decision 
of  the  proceedings  which  you  were  pleased  to  send  to  this  office,  number  613,  of  the 
22d  of  March,  relative  to  the  advisability  of  giving  preference  for  the  study  and 
construction  to  the  highroad  from  Victoria  de  las  Tunas  to  Puerto  Padre,  to  that  of 
the  first  Port  to  Manati  of  this  Island,  which  Royal  Decree  should  be  inserted  in  the 
official  Gazette  of  the  said  Island. 

And  its  execution  having  been  ordered  by  His  Excellency  under  date 
of  August  25  last  past,  by  Royal  Decree  it  is  published  in  the  Gaceta 
for  general  information. 

Habana,  September  8,  1887. 

JOSE  PUJALS. 

(Gaceta,  September  17, 1887.) 


His  Excellency  the  Colonial  Secretary,  communicates  to  this  General 
Government  under  date  of  the  27th  ultimo  the  following  order  number 
655: 

YOUR  EXCELLENCY  :  The  application  to  the  projects  and  construction  of  the  works 
which  may  be  therein  executed  of  the  new  articles  of  general  conditions  for  the 
contracting  of  the  same,  approved  by  Royal  Decree  of  the  Secretary  of  the  Interior 
of  June  llth,  1886,  and  of  the  formulae  for  the  drafting  of  projects  of  highroads,  in 
the  part  applicable,  approved  by  Royal  Orders  of  June  26th  and  of  August  24th  of 
the  same  year,  in  force  in  the  Peninsula,  the  application  of  which  is  proposed  to 
public  works  of  the  Philippines  by  the  Consulting  Board  of  Roads,  Canals,  and 
Ports,  being  convenient  and  beneficial  for  the  better  service  of  public  works  in  this 
Island;  in  conformity  with  said  proposal,  the  King  (whom  God  preserve)  and  in  his 
name  the  Queen  Regent  of  the  Kingdom,  has  been  pleased  to  order  that  the  articles 
of  general  conditions  for  the  contracting  of  said  works  and  the  formulae  for  the 
drafting  of  projects  of  highroads,  approved  by  the  Royal  Orders  above  cited,  be 
extended  to  this  Island  and  to  public  works  of  all  kinds  which  may  be  projected  or 
constructed  in  the  future ;  for  which  purpose  there  are  sent  to  Your  Excellency  the 
annexed  eight  copies  of  said  documents,  destined  for  the  Offices  of  Public  Works  ol 
these  Provinces. 

And  its  execution  being  resolved  upon  by  His  Excellency  under  date 
of  the  26th  of  last  month,  by  his  order  it  is  published  in  the  Gaceta  for 
general  information. 

Habana,  June  4, 1888. 

A.  DE  QUINTANA. 

(Gaceta,  June  9,  1888.) 


ARTICLES  OF  GENERAL  CONDITIONS  FOR  THE  CON- 
TRACTING OF  PUBLIC  WORKS. 

[Approved  by  Royal  Decree  of  June  11, 1886;  extended  to  this  Island  by  Royal  Order  of  April  27, 1888.] 


CHAPTER  I. 

GENERAL  PROVISIONS. 

ARTICLE  1.  Contractors  of  public  works  may  be  Spaniards  or  for- 
eigners who  are  possessed  of  civil  rights,  in  accordance  with  the  laws 
of  their  respective  nationality,  and  partnerships  and  companies  legally 
constituted  or  recognized  in  Spain.  There  are  excepted — 

First.  Those  who  have  been  criminally  prosecuted,  if  any  of  them 
shall  have  been  condemned  to  prison ; 

Second.  Those  who  have  failed  in  business,  either  by  suspending 
payments  or  having  their  property  attached;  and 

Third.  Those  who  are  shown  to  be  debtors  to  the  public  funds  in 
the  capacity  of  taxpayers. 

ART.  2.  The  person  to  whom  the  execution  of  a  work  or  service  for 
the  same  has  been  awarded,  shall  deposit,  as  a  guaranty,  the  amount 
prescribed  by  the  articles  of  particular  conditions  which  may  have 
served  as  the  basis  for  the  award.  This  deposit  shall  be  made  in  the 
place  and  within  the  time  designated  by  the  said  articles  of  condition. 

ART.  3.  The  time  fixed  in  the  previous  article  shall  not  exceed  thirty 
days,  and  within  it  there  shall  be  presented  by  the  person  to  whom 
the  contract  is  awarded,  the  receipt  which  shows  that  he  has  effected 
the  guaranty  referred  to  in  the  same  article.  In  case  of  failure  to  do 
so  there  shall,  without  any  further  proceedings,  be  a  declaration  of  the 
invalidity  of  the  award,  and  the  person  to  whom  the  award  was  made 
shall  forfeit  the  provisional  deposit  which  may  have  been  made  in  order 
to  take  part  in  the  public  bids. 

ART.  4.  Every  contract  for  the  execution  of  public  works  shall  be 
made  by  a  public  instrument,  which  shall  contain  the  beginning  and 
the  ending  and  the  forms  prescribed  by  existing  legislation. 

The  body  of  the  said  instrument  shall  consist  of:  So  much  of  the 
memorandum  of  bidding  as  refers  to  the  proposal  at  the  public  sale,  or 
rather  the  one  which  is  declared  the  most  advantageous;  the  order  of 
award ;  an  exact  copy  of  the  receipt  referred  to  in  the  preceding  article, 
and  the  addition  of  a  clause  or  condition  stating  in  absolute  terms  that 


the  contractor  obligates  himself  for  the  exact  fulfillment  of  the  contract, 
in  conformity  with  the  provisions  of  these  articles  of  general  condi- 
tions, of  the  particular  conditions,  of  the  technical  conditions  of  the 
project,  and  of  the  plans  and  estimate.  Previously  to  the  execution  of 
the  instrument,  the  contractor  shall  have  signed,  at  the  foot  of  said 
articles  of  particular  and  technical  conditions  and  of  the  plans  and  of 
the  estimate,  his  agreement  thereto. 

ART.  5.  The  contractor  has  the  right  to  obtain  copies,  at  his  own 
cost,  of  the  plans,  estimate,  and  articles  of  conditions  of  the  project. 
The  engineers,  if  the  contractor  so  requests,  shall  certify  these  copies 
after  they  have  been  compared. 

ART.  6.  Contractors  are  obligated  to  submit  the  decision  of  all  ques- 
tions arising  with  the  Administration  which  might  affect  their  contracts, 
to  the  Administrative  Authorities  and  Tribunals  in  accordance  with 
the  Law  of  Public  Works,  renouncing  the  rights  of  common  law,  and 
to  the  privileges  of  domicile. 

ART.  7.  These  articles  of  conditions  shall  control  in  all  matters  which 
are  not  modified  by  the  particular  conditions  of  each  contract. 

CHAPTER  II. 

EXECUTION  OF  THE  WORK. 

ART.  8.  The  Engineer  or  the  person  charged  with  the  inspection  and 
supervision  of  the  works  shall  go  over  on  the  ground,  in  the  presence 
of  the  contractor,  the  line  and  survey  of  the  same  made  before  the  pub- 
lic bidding  or  award,  drawing  a  duplicate  memorandum,  which  shall  be 
signed  by  the  Engineer  and  the  contractor,  showing  that  the  survey  is 
made  in  accordance  with  the  approved  project.  This  shall  be  accom- 
panied with  the  plans  and  longitudinal  and  transverse  profiles  which 
may  be  judged  necessary,  in  accordance  with  the  character  and  circum- 
stances of  the  land  and  of  the  work,  also  signed  by  the  Engineer  and 
by  the  contractor.  One  of  these  copies  of  the  memorandum  shall  be 
annexed  to  the  contract  records  and  the  other  shall  be  delivered  to  the 
contractor,  sending  a  copy  thereof  to  the  General  Direction. 

In  case  differences  arise  between  the  project  and  the  comparison  with 
the  survey,  the  memorandum  shall  set  them  forth,  and  they  shall  also 
be  noted  on  the  plans  and  the  proper  profiles;  all  proceedings  being 
suspended  until  the  decision  by  the  superior  Authority,  to  whose  knowl- 
edge the  matter  shall  immediately  be  brought. 

The  expenses  of  the  comparison  of  the  general  survey,  as  well  as  the 
making  of  partial  comparisons  on  the  ground  demanded  in  the  course 
of  the  work,  shall  be  at  the  expense  of  the  contractor. 

ART.  9.  The  acquisition  of  lands  occupied  by  the  work  is  at  the 
expense  of  the  State ;  but  the  contractor  shall  be  obligated  to  pay  its 
value,  for  which  he  shall  be  reimbursed  by  means  of  certificates  issued 
by  the  Chief  Engineer  of  the  province,  with  a  credit  of  1  per  cent  by 
reason  of  the  advance  of  the  money. 


87 

ART.  10.  The  contractor  shall  begin  the  work  within  the  time  set 
forth  in  the  particular  conditions  of  the  contract;  he  shall  so  carry 
them  on,  that  within  the  various  times  set  forth  therein  the  corre- 
sponding part  shall  be  executed,  and  shall  finish  them  within  the  time 
fixed.  In  the  execution,  so  far  as  the  results  of  the  plans  and  profiles 
of  the  project  or  of  the  survey  which  shall  have  been  officially  author- 
ized are  concerned,  the  provisions  of  the  technical  conditions  and  of  the 
orders  or  instructions  given  by  the  Engineer,  or  by  the  subordinates 
directly  charged  with  the  inspection,  shall  be  followed.  The  contractor 
may  demand  that  these  instructions  or  orders  shall  always  be  given, 
and  this  shall  always  be  necessary  when  the  technical  conditions  or  the 
indications  of  the  plans  are  attempted  to  be  explained,  interpreted,  or 
modified.  The  contractor  shall  have,  in  all  cases,  a  right  to  com- 
plain of  the  directions  given  by  subordinates,  to  the  Engineer,  and  of 
those  given  by  the  latter  to  the  Engineer  in  Chief,  who  shall  decide 
according  to  their  judgment  of  what  may  be  deemed  just  and  proper. 

ART.  11.  If  in  any  case  whatsoever,  independently  of  the  will  of  the 
contractor,  the  latter  can  not  commence  the  works  within  the  time  fixed, 
or  shall  have  to  suspend  them,  an  extension  shall  be  granted  for  a  time 
sufficient  for  the  fulfillment  of  the  contract. 

ART.  12.  From  the  time  the  works  are  begun  until  their  final  accept- 
ance, the  contractor,  or  his  duly  authorized  representative,  shall  reside  at 
a  place  near  the  works,  and  he  can  not  absent  himself  therefrom  with- 
out notifying  the  Engineer  and  leaving  a  substitute  to  give  orders, 
make  payments,  continue  the  works,  and  receive  the  orders  which  may 
be  communicated  to  him.  When  this  provision  is  violated,  all  the 
notices  which  are  made  in  the  office  of  the  Alcalde  of  the  town  of  his 
official  residence,  shall  be  considered  valid. 

ART.  13.  The  contractor,  personally  or  by  means  of  his  agents,  shall 
accompany  the  Engineers  in  the  visits  which  the  latter  make  to  the 
works  whenever  they  may  so  demand.  He  shall  see  to  it,  in  the  same 
manner,  that  the  proprietors  or  cultivators  of  the  neighboring  lands 
do  not  infringe  with  their  labors  on  the  zone  devoted  to  the  execution 
of  the  works,  and  that  they  do  not  deposit  therein  material  of  any 
kind,  immediately  notifying  the  Engineer  of  any  infraction  of  these 
rules  which  may  be  observed. 

ART.  14.  The  contractor  can  not  refuse  to  admit  the  Engineers, 
Assistants,  or  Overseers  in  charge  of  the  inspection  of  the  work,  nor 
demand  that,  on  the  part  of  the  Administration,  other  experts  be 
assigned  for  the  inspection  and  measurements.  If  he  believes  himself 
to  be  prejudiced  by  the  results  of  these  inspections  and  measurements 
he  shall  proceed  as  indicated  in  Article  10,  giving  the  reasons  of  his 
complaint  and  the  grounds  therefor  to  the  Chief  Engineer,  who  shall 
either  himself  decide  or  report  to  the  Government ;  but  in  neither  case 
shall  the  progress  of  the  works  be  interrupted  or  disturbed  for  this 
reason. 


88 

ART.  15.  The  number  of  laborers  for  the  auxiliary  measures  neces- 
sary for  the  execution  of  the  works  shall  always  be  in  proportion  to  the 
extent  and  nature  of  those  which  have  to  be  executed ;  and  in  order 
that  the  Engineer  may  be  sure  of  the  fulfillment  of  this  condition,  the 
contractor  shall  always  give  an  account  thereof  when  it  is  demanded. 

ART.  16.  The  contractor  shall  insure  the  lives  of  the  laborers  against 
all  the  accidents  which  may  result  from  the  work  or  be  connected 
therewith.  Those  of  the  General  Direction  shall  except  those  which 
may  be  declared  to  be  imputable  to  the  injured  laborer  by  reason  01 
his  ignorance,  negligence,  or  temerity. 

The  contractor  shall  make  the  insurance  referred  to  in  the  preceding 
condition  in  the  manner  in  which  he  may  deem  it  convenient  and  under 
his  responsibility,  on  the  basis  that,  in  case  of  the  permanent  injury 
of  the  laborer,  or  of  his  death,  the  latter  or  his  family  shall  receive  an 
amount  equal  to  the  pay  for  500  working  days;  and  in  case  of  tem- 
porary injury  the  contractor  shall  pay  him  for  the  working  days  until 
eight  days  after  his  recovery,  in  case  he  does  not  again  admit  him  to 
his  employ,  and  only  to  the  day  of  his  recovery,  if  he  returns  to  his 
employ. 

The  provisions  of  this  condition  govern  in  case  that  the  laborer  or 
his  family  renounces  any  other  action  for  the  payment  of  damages  or 
injuries  which  they  may  have  against  the  contractor. 

ART.  17.  For  the  lack  of  respect  and  obedience  to  the  Engineers  and 
subordinates  in  charge  of  the  inspection  of  the  works,  or  for  conduct 
which  compromises  or  disturbs  the  progress  of  the  work,  the  contractor 
shall  be  obliged  to  dismiss  his  employees  and  laborers  when  the  Engi- 
neer so  demands,  without  prejudice  to  complaining  to  the  Chief  Engi- 
neer, in  case  no  justifiable  reason  for  the  order  is  believed  to  exist. 

ART.  18.  The  contractor  shall  be  obliged  to  indemnify  property  own- 
ers for  all  damage  which  may  be  caused  by  the  execution  of  the 
works,  whether  by  the  quarrying,  by  the  removal  of  the  ground  for  the 
building  of  embankments,  or  the  occupation  of  the  land  for  the  forma- 
tion of  supports,  and  in  order  to  accommodate  shops  and  materials ;  by 
the  working  of  roads  for  their  transportation,  and  by  the  other  opera- 
tions which  may  be  required  in  the  course  of  the  execution  of  the  work. 

The  contractor  shall  fulfill  the  requisites  prescribed  by  the  provi- 
sions in  force  concerning  this  matter,  unless  an  amicable  arrangement 
is  reached  with  the  property  owners  concerning  the  appraisal  and 
payment  of  the  damages  which  may  have  been  caused,  in  which  case 
there  shall  be  exhibited,  whenever  required,  the  agreement  which  may 
have  been  entered  into  between  them. 

ART.  19.  The  contractors  may  take  and  use  the  materials  found  in 
State  lands  or  on  the  commons  of  the  towns  without  paying  indemnity 
of  any  kind,  but  subject  to  the  police  regulations  which  may  be  estab- 
lished for  this  purpose  by  those  in  charge  of  the  administration  and 
surveillance  of  said  lands,  who  must  be  given  previous  notice,  always 
respecting  and  replacing  existing  servitudes,  as  well  as  adopting  the 


89 

proper  measures  in  order  not  to  disturb  the  free  and  safe  use  of  said 
lands. 

ART.  20.  The  contractor  shall  not  under  any  pretext  whatsoever 
construct  any  work  other  than  in  strict  accordance  with  the  project 
which  may  have  served  as  the  basis  for  the  contract,  otherwise  he  shall 
have  no  right  to  payment  for  the  works  executed  in  violation  of  this 
article,  unless  he  proves,  by  presenting  the  written  order  of  the 
Engineer,  that  the  latter  has  allowed  him  to  carry  them  out;  in  which 
case  he  shall  be  paid  in  accordance  with  the  prices  of  the  contract. 

ART.  21.  The  contractor  shall  have  permission  to  take  material  of 
all  kinds  from  the  places  that  he  may  deem  convenient,  always  provid- 
ing that  they  fulfill  the  conditions  of  the  contract,  are  perfectly  suit- 
able for  the  object  to  which  they  are  applied,  and  are  employed  in  the 
works  in  conformity  with  the  rules  of  construction. 

ART.  22.  Materials  shall  not  be  employed  until  they  have  been 
examined  and  accepted,  in  the  manner  and  form  prescribed  by  the 
Engineer. 

ART.  23.  When  the  excavations  produce  material  which  is  not  util- 
ized by  the  contractor  in  the  works  of  his  contract  and  which  can  be 
utilized  in  any  other  work  of  the  State,  the  contractor  shall  be  obliged 
to  pile  them  up  at  places  near  the  place  of  extraction  and  in  the  man- 
ner prescribed  by  the  Engineer,  the  expenses  of  the  piling  up  being 
paid  for. 

ART.  24.  When  the  materials  are  not  of  good  quality,  or  are  not 
well  prepared,  the  Engineer  shall  order  the  contractor  to  replace 
them  at  his  own  cost  with  others  conforming  to  the  conditions.  If  he 
refuses  to  do  so,  the  Engineer  shall  make  a  statement  of  the  defects 
which  they  may  have  and  shall  send  it  to  the  contractor,  who  in  his 
turn  shall  state  the  reasons  existing  for  his  refusal  to  agree  with  the 
orders  of  the  Engineer,  and  the  whole  matter  shall  be  brought  to  the 
attention  of  the  immediate  superior  for  the  determination  which  may 
be  deemed  just. 

If  the  circumstances  or  the  condition  of  the  work  shall  not  permit 
awaiting  this  decision,  the  Engineer  shall  have  the  right  to  impose  on 
the  contractor  the  employment  of  the  material  which  he  shall  deem  best, 
in  order  to  avoid  the  damages  which  might  result  from  the  stoppage  of 
the  work,  the  contractor  having  the  right  to  indemnity  for  the  damages 
which  may  have  been  caused  him  in  case  the  superior  Authority  shall 
not  approve  the  decision  made  by  the  Engineer. 

ART.  25.  Until  the  final  acceptance  shall  take  place,  the  contractor 
is  alone  responsible  for  the  execution  of  the  works  which  may  have 
been  contracted  for,  and  for  the  defects  in  the  same  which  may  be  noted ; 
but  he  shall  not  be  excused  or  have  any  right  whatever  from  the  fact 
that  the  Engineer  or  his  subordinate  shall  have  examined  and  gone 
over  the  work  in  the  course  of  its  construction.  As  a  result,  and  when 
the  Engineers  notice  errors  or  defects  in  the  constructions,  whether 
in  the  course  of  the  execution  or  whether  after  their  conclusion  and 


90 

before  their  final  acceptance,  they  may  order  that  the  defective  parts 
be  demolished  and  reconstructed  by  the  contractor  at  his  own  cost.  If 
the  contractor  should  not  deem  this  decision  just,  or  should  refuse  to 
demolish  and  reconstruct  as  ordered,  proceedings  similar  to  those  set 
forth  in  the  preceding  article  shall  be  observed. 

ART.  26.  If  the  Engineer  should  find  good  reasons  to  believe  the 
existence  of  hidden  errors  of  construction  in  the  executed  works,  he 
may  order,  at  any  time  before  the  final  acceptance,  the  demolition  of 
such  as  may  be  necessary  to  ascertain  those  which  are  supposedly 
defective.  The  expenses  of  demolition  and  reconstruction  which  may 
be  occasioned  shall  be  paid  by  the  contractor,  provided  that  the  errors 
really  existed;  otherwise  they  shall  be  paid  by  the  Administration. 

ART.  27.  There  shall  be  at  the  cost  and  risk  of  the  contractor,  the 
scaffolds,  frames,  apparatus  and  other  auxiliary  means  of  construction, 
observing,  nevertheless,  the  precautions  which  the  Engineer  may  deem 
convenient  to  establish  for  the  greater  safety  of  the  laborers. 

All  the  auxiliary  means  shall  remain  the  property  of  the  contractor 
on  the  conclusion  of  the  works,  providing  the  contrary  is  not  agreed 
on  in  the  particular  conditions,  no  claim  whatsoever  being  founded  on 
the  inefficiency  of  said  means,  or  when  they  shall  be  specified  in  the 
estimate,  or  when  they  shall  have  been  separately  stated  in  the  esti- 
mate or  estimated  all  together. 

ART.  28.  No  inscription  whatever  may  be  placed  on  the  works  with- 
out the  authority  of  the  Government. 

ART.  29.  The  Government  reserves  the  ownership  of  antiquities, 
objects  of  art,  and  mineral  substances  which  may  be  utilized  for  public 
instruction  which  may  be  found  in  the  excavations  or  demolitions. 
The  contractor  shall  be  obliged  to  employ,  in  order  to  extract  them,  all 
the  precautions  suggested  to  him  by  the  Engineer,  with  the  right,  how- 
ever, to  indemnity  for  the  expense  which  this  work  may  occasion  him. 

If  in  the  course  of  the  construction  of  the  work,'  or  in  consequence 
thereof,  there  should  appear  on  the  surface  running  water  or  currents 
of  water,  they  shall  also  be  the  property  of  the  Government;  but  the 
contractor  may  have  the  right  to  use  them  in  the  course  of  construction 
and  for  consumption  by  the  laborers  during  the  period  of  his  contract. 

CHAPTER  III. 

ECONOMIC  CONDITIONS. 

ART.  30.  The  contractor  shall  be  paid  for  the  work  actually  executed 
in  accordance  with  the  approved  project  or  the  modifications  introduced 
therein,  or  the  orders  which  may  have  been  communicated  to  him  in 
writing,  providing  that  the  technical  conditions  are  always  carried  out, 
in  accordance  with  which  the  measurement  and  valuation  of  the  vari- 
ous units  shall  be  made.  Consequently  the  amount  of  each  kind  of 
work  provided  for  in  the  estimate  shall  not  serve  as  the  basis  for  the 
establishment  of  any  kind  of  claim,  except  as  expressed  in  article  49. 


91 

ART.  31.  When  the  contractor  shall  voluntarily  employ,  with  the 
authorization  of  the  Engineer,  materials  of  greater  dimensions  than 
those  set  forth  by  the  particular  conditions,  he  shall  only  have  a 
right  to  payment  for  the  work  which  results  from  the  cubic  measure- 
ment made  in  accordance  with  the  project,  applying  the  prices  of  the 
contract.  If  the  dimensions  should  be  less,  and  nevertheless  declared 
admissible,  the  payment  shall  be  made  according  to  the  results  of  the 
cubic  measurement. 

The  payment  shall  be  made  by  reason  of  the  augmentation  of  dimen- 
sions of  materials  whenever  the  Engineer  may  have  in  writing  so 
ordered  the  contractor  to  use  them. 

ART.  32.  The  amounts  calculated  for  accessory  works,  although 
appearing  in  a  single  amount  in  the  general  estimate,  shall  not  be  paid 
except  at  the  prices  and  under  the  conditions  of  the  contract,  in 
accordance  with  the  particular  projects  which  may  have  been  drawn 
therefor,  or,  in  default  of  such,  in  accordance  with  the  results  of  the 
final  measurements. 

In  the  same  manner  the  extraction  of  rubbish  and  fragments  which 
might  result  during  the  period  of  guaranty  shall  be  paid  for. 

ART.  33.  There  shall  be  paid  absolutely,  but  with  the  reduction  made 
on  the  bidding,  the  determined  amounts  set  forth  in  the  estimate  for 
auxiliary  means  of  the  execution  and  for  the  drainage,  as  well  as  for 
the  indemnity  for  loss  and  damage  occasioned  by  transit,  use  of  pro- 
visional rates,  alteration  of  drains,  and  similar  works  which  do  not 
form  an  integral  part  of  the  contract. 

In  the  same  way,  the  determined  amounts  for  the  preservation  of  the 
earthworks  and  constructions,  and  the  work  done  by  manual  labor  nec- 
essary for  the  preservation  of  the  bed  of  the  highroads,  shall  be  paid 
for,  whenever  the  time  during  which  the  preservation  is  charged  to  the 
contractor  shall  be  fixed  in  the  conditions.  Whenever  it  is  reduced,  a 
proportionate  deduction  shall  be  made,  and  whenever  it  is  augmented 
without  fault  of  the  contractor,  there  shall  be  paid,  besides,  a  propor- 
tionate part  for  the  excessive  time. 

In  cases  in  which  all  or  part  of  the  preceding  amounts  do  not  appear 
in  the  estimate,  it  shall  be  understood  that  the  expenses  occasioned  by 
those  operations  shall  be  included  in  the  prices  of  the  units  of  work 
provided  by  the  estimate. 

ART.  34.  The  payments  shall  be  made  at  the  times  fixed  by  the  par- 
ticular conditions  of  the  contract,  by  means  of  warrants  issued  by  vir- 
tue of  the  certificates  of  work  given  by  the  Engineer.  The  warrants, 
or  their  amounts,  shall  be  necessarily  delivered  to  the  contractor  in 
whose  favor  the  award  of  the  bid  of  the  works  has  been  made  or  to  a 
person  legally  authorized  by  him,  and  never  to  any  other  person, 
although  warrants  or  letters  requisitorial  be  issued  by  any  Authority 
or  Court  for  their  retention,  since  public  funds  devoted  to  the  payment 
of  laborers  or  for  their  security  are  in  question  and  not  obligations  of 
private  interest  to  the  contractor.  Only  the  balance  which  may  remain 


92 

after  the  final  acceptance  of  the  work  in  accordance  with  the  condi- 
tions, and  the  guaranty,  if  it  should  not  necessarily  have  to  be  retained 
for  the  fulfillment  of  the  contract,  shall  be  subject  to  the  attachment 
decree  by  said  Authorities  or  Courts. 

ART.  35.  Certificates  of  work  shall  be  given  at  the  times  fixed  in  the 
articles  of  economic  conditions  of  the  contract,  having  the  character  of 
provisional  documents  of  account,  subject  to  the  corrections  and  modi- 
fications which  may  result  from  the  final  liquidation. 

In  order  to  make  these  certificates  the  elemental  process  which  have 
served  as  the  basis  of  calculating  the  average  price  of  each  unit  of  work 
shall  be  applied,  bearing  in  mind  the  reduction  which  may  have  been 
the  result  of  the  public  bidding,  the  Engineer  having  the  power  on 
granting  the  certificates  to  deduct  as  much  as  20  per  cent  of  the  amount 
of  the  valuation  thus  made,  whenever  special  and  justifiable  circum- 
stances which  must  be  set  forth,  advise  the  making  of  this  reduction. 

ART.  36.  The  certificates  shall  include  three-quarters  of  the  value 
of  the  materials  when  they  shall  have  been  actually  used  in  the  work 
according  to  their  valuation  made  by  the  Engineer,  keeping  in  mind 
this  payment  in  order  to  deduct  it  from  the  total  amount  of  the  works 
constructed  with  such  materials. 

ART.  37.  Whenever  drainage  may  be  necessary  which,  because  of 
the  circumstances,  is  not  at  the  expense  of  the  contractor,  the  latter 
shall  be  obliged  to  pay  the  expenses  of  all  kinds  which  may  be  occa- 
sioned, which  shall  be  repaid  to  him  by  the  Administration  apart  from 
the  contract.  For  this  purpose  payment  shall  be  made  in  the  presence 
of  a  person  designated  by  the  Engineer,  who  shall  draw  the  lists  which, 
attached  to  the  receipts,  shall  serve  as  documents  proving  the  accounts, 
which  shall  be  stamped  with  the  approval  of  the  Engineer. 

Besides  the  monthly  repayment  of  these  expenses  to  the  contractor, 
he  shall  be  paid  1  per  cent  of  their  amount  as  interest  on  the  money 
which  he  has  advanced  and  remuneration  for  the  work  and  labor  which 
he  may  have  had  to  perform. 

ART.  38.  If  the  Government  should  not  make  payment  for  the  exe 
cuted  work  within  the  two  months  following  that  in  which  the  cer- 
tificates were  given  by  the  Engineer,  the  contractor  shall  be  paid,  from 
the  day  on  which  said  period  of  two  months  terminated,  interest  at  the 
rate  of  6  per  cent  annually  on  the  amount  of  said  certificates. 

If  two  additional  months  have  passed  without  the  payment  having 
been  made,  the  contractor  shall  have  a  right  to  the  rescission  of  the  con- 
tract, the  effects  thereof  being  those  stated  in  Article  54,  and  the  corre- 
sponding limitation  of  the  executed  works  and  materials  used  shall 
follow.  The  petition  for  the  rescission  of  the  contract  based  on  this 
delay  in  payments  shall  not  be  acted  on  unless  the  contractor  proves 
that  at  the  time  of  his  statement  he  has  invested  in  the  works  and  in 
the  materials  furnished,  the  part  of  the  estimate  corresponding  to  the 
time  of  execution  which  may  have  been  fixed  by  the  contract,  and  shall 


93 

prove  that  at  the  proper  time  he  has  taken  the  necessary  steps  to  col- 
lect the  amount  of  the  warrants  issued  in  his  favor  without  having 
succeeded  in  doing  so. 

ART.  39.  In  no  case  may  the  contractor  alleging  delay  in  payments 
suspend  the  works  nor  reduce  them  to  a  lower  scale  than  that  which 
proportionately  is  proper  according  to  the  time  at  which  they  are  to  be 
finished.  When  this  happens,  the  Administration  may  carry  out  the 
provisions  of  Articles  55  and  56. 

ART.  40.  The  contractor  shall  have  no  right  to  indemnity  by  reason 
of  losses,  damages,  or  injuries  occasioned  to  the  works,  except  in  cases 
of  force  niajeure.  For  the  purposes  of  this  article,  the  following  only 
shall  be  considered  as  such : 

First.  Destruction  by  fire  caused  by  electricity  in  the  atmosphere. 

Second.  Damages  produced  by  earthquakes. 

Third.  Those  resulting  from  the  movements  of  the  land  on  which  the 
works  are  constructed ;  and, 

Fourth.  Destruction  occasioned  by  violence  with  armed  hand  in 
times  of  war,  public  sedition,  or  robbery  by  mobs. 

In  order  to  claim  and  obtain  in  a  proper  case  the  payment  of  the 
damages,  the  contractor  shall  follow  the  provisions  of  Articles  2,  3,  4, 
and  5  of  the  Eegulations  of  June  17,  1868. 

ART.  41.  The  contractor  may  not,  under  any  pretext  or  error  or 
omission,  claim  an  increase  in  the  prices  fixed  by  the  general  terms 
accompanying  the  estimate. 

Neither  shall  any  claim  whatsoever  be  admitted  which  is  founded  on 
statements  made  in  the  memorial  concerning  the  works,  their  prices, 
and  the  other  details  of  the  project,  alleging  that  such  document  is  not 
the  one  which  serves  as  the  basis  for  the  contract.  The  material  errors 
which  the  estimate  may  contain,  either  by  reason  of  variation  in  prices 
differing  from  those  of  the  list  or  from  error  in  the  amounts  of  the 
work  or  its  value,  shall  be  corrected  at  anytime  they  may  be  observed ; 
but  shall  not  be  taken  into  account  for  the  purposes  indicated  by  arti- 
cle 49,  except  when  a  claim  may  have  been  established  thereon  within 
the  period  of  four  mouths,  counting  from  the  day  of  the  award. 

The  material  errors  shall  not  change  the  proportional  reduction 
made  in  the  contract  in  connection  with  the  amount  which  in  the  esti- 
mate has  served  as  the  basis  for  the  same,  but  it  shall  always  be  fixed 
according  to  the  relation  between  the  amounts  of  said  estimate  (before 
the  corrections)  and  the  amount  offered. 

ART.  42.  In  no  case  may  the  contractor  allege  uses  and  customs  of 
the  country  concerning  the  application  of  prices  or  measurement  of  the 
works  when  in  conflict  to  the  present  articles  of  conditions  or  to  the 
particular  ones  of  the  contract. 


94 

CHAPTER  IV. 

MODIFICATIONS  OF  THE  PROJECT. 

ART.  43.  If,  before  the  granting  of  the  works  or  during  their  con- 
struction, the  Administration  should  resolve*  to  execute  on  its  own 
account  part  of  those  included  in  the  contract,  or  should  decide  to 
introduce  into  the  project  modifications  which  produce  an  increase  or  a 
reduction  or  even  a  suppression  of  amounts  of  work  provided  for  in 
the  estimate,  or  the  substitution  of  one  class  of  construction  by 
another,  provided  always  that  they  be  of  those  included  in  the  con- 
tract, these  decisions  shall  be  obligatory  on  the  contractor,  without  the 
latter  having  any  right,  in  case  of  suppression  or  reduction  of  the 
works,  to  claim  any  indemnity  on  account  of  the  pretended  benefits 
which  he  might  have  been  able  to  obtain  on  the  part  of  the  works 
reduced  or  suppressed. 

ART.  44.  If,  in  order  to  carry  out  the  modifications  referred  to  in  the 
preceding  article,  the  Administration  should  deem  it  necessary  to  sus- 
pend the  whole  or  a  part  of  the  works  contracted  for,  the  proper  order 
in  writing  shall  be  sent  to  the  contractor,  and  the  measurement  of  the 
executed  work  shall  be  proceeded  with  in  that  part  which  is  included 
in  the  suspension,  a  memorandum  of  the  result  being  drawn. 

ART.  45.  Whenever,  even  when  not  stipulated  in  the  particular  con- 
ditions of  the  contract,  it  may  be  deemed  convenient  to  employ  material 
belonging  to  the  State,  the  contractor  shall  only  be  paid  the  cost  of 
the  transportation  and  >f  the  labor  in  accordance  with  the  elemental 
prices;  and  if  it  should  not  be  contained  in  this  list,  without  any  right 
to  claim  indemnity  of  any  kind,  unless  there  have  already  been  fur- 
nished the  materials  contracted  for.  This  alteration  shall  be  considered 
a  modification  of  the  project  for  the  purposes  of  article  49. 

ART.  46.  When  it  is  deemed  necessary  to  employ  materials  or  to  exe- 
cute works  which  shall  not  appear  in  the  estimate  of  the  contract,  their 
value  shall  be  appraised  at  the  prices  assigned  to  other  similar  works 
or  materials,  if  there  should  be  any,  and  if  not,  shall  be  discussed  by 
the  Engineer  and  the  contractor,  and  submitted  to  the  superior  Author- 
ity, if  an  agreement  should  be  reached. 

The  new  prices,  agreed  on  in  one  way  or  another,  shall  be  subject 
always  to  the  corresponding  reduction  which  may  have  been  obtained 
on  the  public  bidding. 

When  the  employment  of  the  materials  or  the  execution  of  the  works 
in  question  shall  be  proceeded  with  without  previous  approval  of  the 
superior  of  the  prices  which  shall  be  applied  to  them,  it  shall  be  under- 
stood that  the  contractor  renounces  his  rights  and  agrees  with  those 
fixed  by  the  Administration. 

When  there  shall  be  no  agreement  as  to  the  fixing  of  these  prices 
between  the  Administration  and  the  contractor,  the  latter  shall  be 


95 

relieved  from  the  construction  of  the  part  of  the  work  in  question 
without  right  to  indemnity  of  any  kind,  being  paid,  nevertheless,  for  the 
materials  which  may  have  been  used  and  which  may  have  remained 
unemployed  by  reason  of  the  change  introduced. 

ART.  47.  When  the  contract  includes  some  works  which  are  of  such 
nature  that,  calculating  by  a  determined  amount  in  the  estimate,  no 
definite  project  can  be  made  by  measurement  because  of  the  circum- 
stances, there  shall  be  applied  to  these  works  the  provisions  determined 
by  articles  43  and  49  concerning  modifications  of  projects. 

CHAPTER  Y. 

OASES  OF  RESCISSION. 

ART.  48.  In  case  of  the  death  of  the  contractor,  the  contract  shall  be 
considered  rescinded,  unless  the  heirs  offer  to  carry  it  out  under  the 
conditions  stipulated  in  the  same.  The  Government  may  accept  or 
refuse  the  offer,  without  giving  to  them  any  right  whatever  to  indem- 
nification, although  there  shall  be  the  right  for  the  State  to  acquire, 
after  an  appraisement,  the  tools,  utensils,  and  property  used  for  the 
works  which  may  be  indispensable  for  their  completion. 

ART.  49.  When  the  modifications  which  are  mentioned  in  Articles  43 
and  45  alter  the  estimate  of  the  contract  in  such  a  manner  that  the 
total  amount  shows  a  difference  of  a  fifth,  more  or  less,  the  contractor 
shall  have  the  right  to  rescission  and  to  payment  for  the  materials 
which  he  may  have  on  hand  and  which  remain  unused,  according  to 
the  prices  of  the  special  list.  In  order  to  fix  this  difference  all  the 
alterations  introduced  into  the  estimate  shall  be  added,  though  some 
be  for  excess  and  others  for  deficit. 

The  contractor  shall  have  the  same  right  when  alterations  arise  on 
account  of  error  in  the  material  referred  to  in  Article  41,  provided  that 
a  claim  has  been  based  thereon  within  the  time  specified  by  said  article, 
or  when  the  difference  arises  between  the  detailed  estimate  of  the  works 
referred  to  in  Article  47  and  the  agreed  amount  stated  in  the  general 
estimate  of  the  works. 

When  two  or  more  of  the  reasons  stated  in  this  article  appear,  their 
results  may  be  accumulated  in  order  to  serve  as  a  foundation  for  the 
right  of  rescission. 

ART.  50.  When  the  works  can  not  be  begun  because  of  reasons  inde- 
pendent of  the  will  of  the  contractor,  or  when  the  Government  decides 
that  the  works,  after  being  commenced,  shall  cease  or  be  indefinitely 
suspended,  the  contractor  shall  have  the  right  of  rescission;  in  the 
proper  case  there  shall  follow  the  provisional  acceptance  of  the  executed 
works,  and  the  final  acceptance  when  the  term  of  the  guarantee  shall 
have  expired. 

ART.  51.  If  the  time  specified  for  the  execution  of  the  works  shall 
have  arrived  without  the  suspension  referred  to  in  Article  44  having 


96 

been  raised,  the  contractor  shall  have  the  right  of  rescission,  and  there 
shall  immediately  follow  the  provisional  acceptance  of  the  executed 
works,  and  the  final  acceptance,  when  the  time  of  guaranty  shall  have 
expired.  The  same  right  is  conceded  when  the  suspension  lasts  more 
than  one  year,  provided  that  the  value  of  the  work  referred  to  shall  be 
more  than  one-fourth  of  the  total  of  the  contract. 

ART.  52.  If  during  the  execution  of  the  works  prices  should  rise  very 
considerably,  the  contract  may  be  rescinded  on  the  petition  of  the 
contractor,  provided  that  the  proceedings  instituted  for  this  purpose  shall 
prove:  First,  that  the  rise  has  taken  place  since  the  time  when  the 
public  bids  were  had,  not  since  the  drafting  of  the  project;  second, 
that  it  is  not  owing  to  the  execution  of  the  works  referred  to  in  the 
contract,  but  to  others  which  may  have  been  subsequently  undertaken, 
or  to  a  general  unforeseen  cause ;  third,  that  it  is  not  produced  by  cir- 
cumstances of  a  temporary  character,  as  agricultural  or  other  similar 
works.  A  very  considerable  rise  in  prices  is  understood  to  be  such  as, 
applied  to  the  execution  of  the  works  which  remain  to  be  executed, 
shall  produce  an  amount  greater  than  a  quarter  of  the  total  amount  of 
the  contract. 

ART.  53.  In  case  that  by  reason  of  a  rise  in  prices  the  contractor 
should  claim  rescission,  the  work  shall  not  be  suspended  on  that 
account. 

After  three  months  have  elapsed  and  the  Government  shall  not  have 
decided  concerning  the  claim,  the  contract  shall  be  considered  rescinded 
in  fact,  and  there  shall  follow  the  liquidation  of  the  works  executed  up 
to  that  time  according  to  the  prices  of  the  same,  without  any  increase 
or  payment  of  any  kind  by  way  of  indemnity  for  damages. 

ART.  54.  Whenever,  for  the  reasons  stated  in  Articles  38,  50,  and  51, 
the  contract  is  rescinded,  the  tools  and  utensils  indispensable  for  the 
completion  of  the  works,  the  employment  of  which  shall  have  been  pre- 
viously authorized  by  the  Engineer,  and  which  the  contractor  does  not 
care  to  retain,  shall  be  taken  by  the  Government  after  the  price  has 
been  agreed  upon,  amicably  or  by  experts,  without  increase  of  any 
kind  under  the  pretext  of  benefits  to  be  derived,  or  for  any  other  reason 
whatsoever,  it  being  understood  that  this  payment  shall  only  take 
place  when  the  amount  of  the  works  completed  up  to  the  time  of  rescis- 
sion does  not  reach  two-thirds  of  the  amount  contracted  for,  when 
works  of  port  or  similar  works  are  in  question,  or  to  four-fifths  in  case 
of  highroads  and  works  of  similar  character. 

The  materials  collected  and  on  the  ground  of  the  works,  if  they  are 
actually  received  and  are  for  application  for  the  completion  of  the 
works,  shall  also  be  taken  for  account  of  the  Administration  at  the 
prices  fixed  by  the  special  list  for  this  purpose j  and  if  they  should  not 
be  included  in  it,  they  shall  be  fixed  after  hearing  both  parties. 

The  materials  which,  collected  under  the  same  circumstances,  shall  be 
situated  away  from  the  works,  shall  also  be  taken  from  the  contractor, 


97 

provided  that  they  be  transported  to  the  works  within  the  period  of 
one  -month,  unless  the  Administration  prefers  to  receive  them  at  the 
place  in  which  they  happen  to  be. 

The  contractor  shall  also  be  given  an  indemnity,  determined  by  the 
Government  after  hearing  the  Council  of  State,  which  shall  never  exceed 
3  per  cent  of  the  value  of  the  works  which  remain  to  be  executed. 

ART.  55.  In  the  special  technical  conditions  of  each  contract  the 
development  of  the  works  shall  be  fixed,  reasonable  times  being  stated 
for  the  progress  of  the  works  during  the  course  of  the  entire  con- 
struction of  the  same. 

These  times  shall  be  obligatory  on  the  contractor,  and  if  there  should 
be  reason  for  believing  that  within  any  one  of  them  the  corresponding 
development  of  the  works  can  not  take  place,  the  expert  Director  shall 
give  due  notice  in  writing  to  the  contractor,  also  making  such  rulings 
as  shall  be  conducive  to  the  punctual  fulfillment  of  the  contract. 

If,  in  spite  of  this,  the  time  fixed  shall  have  elapsed,  and  the  con- 
tractor shall  not  have  constructed  the  corresponding  work,  the  contract 
shall  be  rescinded. 

ART.  56.  In  the  case  prescribed  in  the  previous  article,  and  when  once 
the  rescission  of  the  contract  has  been  decided  on,  it  is  understood  that 
the  guaranty  is  forfeited  and  that  the  contractor  shall'  not  have  any, 
claim  whatsoever  nor  any  other  right  than  to  the  payment  of  the  works 
constructed  and  accepted. 

Only  when  the  retardation  of  the  works  shall  be  shown  to  have  been 
produced  by  unavoidable  causes,  and  when  the  agreement  is  offered  to 
be>carried  out  on  the  extension  of  the  time  which  may  be  designated 
may  the  Administration,  if  it  deems  it  convenient,  conceed  such  exten- 
sion as  may  appear  reasonable. 

ART.  57.  When  the  rescission  of  a  contract  takes  place  because  of 
one  of  the  reasons  stated  in  Articles  49,  52,  and  53,  the  contractor  shall 
have  no  right  to  claim  an  indemnity  of  any  kind  nor  to  require  the 
Administration  to  purchase  the  utensils  and  tools  used  for  the  works. 

CHAPTER  VI. 

MEASUREMENT,  ACCEPTANCE   OF  THE  WORKS,  AND  FINAL  LIQUI- 
DATION. 

ART.  58.  The  partial  measurements  shall  be  made  at  the  times  fixed 
in  the  articles  of  economic  conditions  of  the  contract,  after  citing  the 
contractor,  if  the  latter  should  desire  to  be  present.  As  provisional 
documents  they  shall  be  subject  to  the  corrections  which  may  result 
from  the  final  measurement,  for  which  purpose  approval  or  acceptance 
of  the  works  referred  shall  not  be  presumed. 

ART.  59.  On  the  completion  of  the  works  their  provisional  accept- 
ance by  the  Engineer,  whom  the  General  Direction  may  designate,  shall 
immediately  take  place,  and  with  the  necessary  presence  of  the  con- 
21634 7 


98 

tractor  or  his  duly  authorized  representative.  If  after  being  expressly 
required  to  appear,  the  contractor  should  not  be  present  or  should 
renounce  this  right  in  writing,  agreeing  beforehand  with  the  result  of 
the  operation,  the  Chief  Engineer  of  the  province  shall  ask  the  Gov- 
ernor to  make  a  new  demand  on  the  contractor,  and  if  he  should  again 
be  absent,  said  Authority  shall  appoint  at  the  cost  of  the  contractor  an 
official  representative. 

The  result  of  the  acceptance  shall  be  stated  in  the  form  of  a  memo- 
randum, signed  by  all  those  present,  and  shall  be  sent  to  the  General 
Direction. 

If  the  works  should  be  found  to  be  in  good  state  and  in  accordance 
with  the  conditions,  they  shall  be  provisionally  accepted,  and  turned 
over  to  public  use^  the  period  of  the  guaranty  beginning  to  run,  as 
also  that  of  the  preservation  fixed  in  the  particular  conditions  at  the 
cost  of  the  contractor. 

ART.  60.  When  the  works  have  been  provisionally  accepted,  there 
shall  immediately  follow  the  general  and  definite  measurement,  with 
the  necessary  presence  of  the  contractor  or  his  representative  named 
by  him  or  officially,  as  provided  in  the  previous  article. 

The  plans  and  profiles  of  the  survey  shall  serve  as  the  basis  of  the 
'measurement  of  the  plottings,  which  shall  be  drawn  with  the  measure- 
ments taken  from  the  work  and  also  the  form  and  disposition  in  which 
the  superficial  part  of  the  ground  shall  remain,  in  order  to  deduct  the 
number  of  cubic  meters  of  cuts  and  embankments  which  the  contractor 
has  executed. 

All  works  of  construction  shall  be  measured  where  they  shall 'be 
visible,  and  in  places  where  they  are  not  visible  the  dimensions  desig- 
nated in  the  plans  and  profiles  which  shall  necessarily  have  been  made 
in  the  course  of  construction  shall  be  adopted,  and  they  shall  be  signed 
by  the  Engineer  and  by  the  contractor. 

The  volume  of  the  foundation  shall  be  determined  by  means  of  a 
shaft  opened  at  the  place  designated  by  the  Engineer. 

Accessory  works  shall  ba  measured  in  a  manner  similar  to  that 
employed  in  the  measurement  of  the  principal  part  of  the  works. 

ART.  61.  The  valuation  of  the  works  executed  by  the  contractor  shall 
be  made,  applying  to  the  result  of  the  general  measurement  and  of  the 
cubic  measurements  the  prices  which  for  each  unit  of  the  work  are 
provided  for  in  the  estimate,  and  further  keeping  in  mind  the  provi- 
sions of  Articles  30, 31, 32,  and  33  of  these  conditions.  The  total  amount 
shall  be  increased  by  such  a  per  cent  of  the  estimate  of  the  contract, 
and  the  reduction  made  on  the  bidding  shall  be  applied  proportionally  5 
from  the  result  the  amount  paid  on  certificate  shall  be  deducted. 

The  liquidation  shall  be  drawn  in  accordance  with  the  formulae  and 
instructions  in  force  j  and,  with  all  the  facts  and  copies  of  plans  and 
profiles,  shall  be  sent  to  the  contractor  with  permission  to  retain  the 
same  for  a  period  of  thirty  days,  in  order  that  he  may  examine  them 
and  return  them  with  his  agreement  or  his  observations. 


99 

If  because  of  the  importance  of  the  work,  or  because  of  the  kind  or 
number  of  the  documents,  the  contractor  should  not  deem  that  time 
sufficient  for  examination,  he  shall  so  state,  suggesting  the  time  that 
is  necessary,  and  the  Chief  Engineer,  if  there  should  not  be  any  incon- 
venience, shall  decide  whether  the  extension  of  time  shall  be  granted 
or  not,  and  also  its  duration. 

When  the  time  or  the  extension  has  expired  and  the  contractor  shall 
not  have  made  his  observations,  it  will  be  presumed  that  he  agrees 
with  the  liquidation,  which  in  such  case,  as  also  in  the  case  where  he 
replies,  shall  be  sent,  with  the  report  of  the  Chief  Engineer,  to  the 
General  Direction  for  the  decision  which  may  be  proper. 

ART.  62.  During  the  period  of  guaranty  the  contractor  shall  take 
care  of  the  preservation  and  the  policing  of  the  works,  employing  in  them 
the  materials  in  accordance  with  the  instructions  given  by  the  Engineer. 
If  the  preservation  should  be  neglected,  and  if  the  order  of  the  Engi- 
neer should  be  disobeyed,  resulting  in  the  imperilment  of  transit  or 
public  use  of  the  work,  the  necessary  works  to  avoid  the  damage  shall 
be  carried  out  by  the  Administration  at  the  cost  of  the  contractor. 

ART.  63.  When  the  period  of  guaranty  has  terminated,  the  final 
acceptance  of  the  work  shall  follow,  in  accordance  with  the  formalities 
specified  in  Article  59  for  provisional  acceptance,  and  if  the  works  shall 
appear  in  a  perfect  state  of  preservation,  receipts  therefor  shall  be 
given  and  the  contractor  shall  be  relieved  from  all  responsibility. 

If  the  works  should  not  be  in  good  condition,  this  shall  be  made  to 
appear  in  the  memorandum ;  the  Chief  Engineer  shall  give  the  contractor 
precise  and  detailed  instructions  to  remedy  the  defects  which  may  have 
been  observed,  and  shall  fix  the  time  within  which  to  do  so.  making  a 
new  inspection  of  the  works  on  the  termination  thereof  and  an  accept- 
ance of  the  works.  If  the  contractor  should  not  fulfill  these  orders,  the 
contract  shall  be  declared  rescinded,  with  the  forfeiture  of  the  guaranty. 

ART.  64.  When  the  final  acceptance  has  been  made,  the  liquidation 
of  the  executed  works  and  the  labor  performed  during  the  time  of  the 
guaranty,  shall  be  made,  in  accordance  with  the  provisions  of  the  esti- 
mate, of  the  particular  conditions  of  the  contract,  and  of  the  second 
paragraph  of  article  33  of  the  present  conditions. 

ART.  65.  When  the  final  liquidation  has  been  approved,  the  guaranty 
shall  be  returned  to  the  contractor,  after  he  shall  have  shown  by  means 
of  certificates  of  the  Alcaldes  of  the  municipal  districts  within  which 
the  works  may  have  been  executed,  that  there  does  not  exist  against 
him  any  claim  whatever  for  loss  or  damages  for  which  he  may  be  re- 
sponsible, or  for  debts  to  workmen,  or  for  materials,  and  for  the  insur- 
ance of  the  laborers,  and  also  show  payment  of  the  industrial  tax 
corresponding  to  his  contract. 

ART.  66.  If  the  Government  shall  believe  it  to  be  convenient  to  make 
partial  acceptances,  a  contractor  shall  not  for  this  reason  have  the  right 
to  ask  that  there  be  returned  to  him  a  proportional  part  of  the  guar- 
anty, although  he  shall  be  free  from  all  responsibility  in  connection  with 


100 

the  works  accepted;  but  the  guaranty  shall  remain  intact  until  the 
completion  of  all  the  works,  in  order  that  it  may  be  responsible  for  the 
fulfillment  of  the  contract,  as  is  provided  for  by  the  preceding  article, 

Madrid,  June  11, 1886. 

Approved  by  His  Majesty. 

EUGENIC  MONTERO  Kios. 

And  by  order  of  His  Excellency,  the  Governor-General,  it  is  published 
in  the  Gaceta  for  general  information. 
Habana,  March  23,  1889. 

PEDRO  A.  TORRES. 
(Gaceta,  2d  of  April,  1889.) 

Under  date  of  the  30th  of  last  April  and  number  534,  the  Colonial 
Secretary  communicates  to  His  Excellency  the  Governor-General  the 
following  Eoyal  Order : 

YOUR  EXCELLENCY  :  It  being  convenient  to  regulate  the  proceedings  commenced 
in  the  Island  regarding  works  of  ports  and  wharves  and  concessions  of  public  works 
and  to  fix  the  basis  to  which  this  class  of  conditions  must  be  adjusted,  considering 
that  the  legislation  in  force  in  that  Island  as  to  that  matter  is  the  Law  of  Waters 
of  the  3d  of  August,  1886,  which  is  partly  in  conflict  with  the  General  Law  oi 
Public  Works  in  force  in  the  said  Island,  which  law  is  with  certain  changes  the  one 
in  force  in  the  Island,  and  it  being  convenient  not  only  to  harmonize  the  first  with 
the  second,  but  also  to  make  the  legislation  as  to  public  works  of  that  Antille  as 
similar  as  possible  to  the  legislation  of  the  Peninsula,  the  King  (whom  God  pre- 
preserve),  and  in  his  name  the  Queen  Regent  of  the  Realm,  has  seen  fit  to  decree 
that  Your  Excellency  be  advised  to  order  the  General  Inspection  of  Public  Works 
of  that  Island  to  study  and  propose  in  the  shortest  time  possible,  and  within  a 
period  which  must  not  exceed  four  months,  the  changes  to  be  made  in  the  laws  as 
to  Waters  and  Ports  of  the  Peninsula  of  the  13th  of  June,  1879,  and  7th  of  May, 
1880,  so  that  they  may  be  applicable  to  the  Island ;  and  the  instructions  for  the  pro- 
ceedings of  concessions  of  Public  Waters  and  concessions  to  individuals  of  works  of 
Ports  of  the  14th  of  June,  1883,  and  20th  of  August  of  the  said  year ;  trying  to  make 
said  changes  be  the  least  possible  in  number,  and  justifying  the  reasons  upon  which 
the  proposers  based  the  reports  which  they  submitted,  the  said!  propositions  being 
made  by  the  Council  of  Administration  of  that  Island  and  the  Consulting  Board  of 
Public  Works,  sending  the  complete  proceedings  in  the  shortest  time  possible  to 
this  Department,  with  the  report  and  proposal  of  that  General  Government,  an 
extract  of  which  decision  shall  be  published  in  the  Gaceta  of  Madrid,  and  in  full  in 
the  Gaceta  of  Habana. 

By  Royal  Order  I  communicate  it  to  Your  Excellency  for  your  information  and 
consequent  action. 

And  His  Excellency  having  ordered  its  execution  on  the  25th  of  the 
present  month,  it  is  published  by  his  order  for  general  information. 

Habana,  May  31,  1889. 

PEDRO  A.  TORRES. 
(Gaceta,  June  11, 1889.) 

Under  date  of  the  18th  of  last  June  and  Eo.  730,  the  Colonial  Depart- 
ment communicates  to  His  Excellency  the  Governor-General  the  fol- 
lowing Eoyal  Order : 

YOUR  EXCELLENCY  :  In  view  of  the  proceedings  which  Your  Excellency  has  sent 
me  with  your  communication,  No.  1076,  of  the  14th  of  last  May,  in  regard  to  the 


*    101 

State  taking  possession  of  the  highway  from  Habana  to  Giiines  and  to  Bejucal,  to 
which  the  said  proceedings  referred,  the  taking  possession  of  which  Your  Excel- 
lency has  ordered  temporarily  in  accord  with  the  report  of  the  Consulting  Board 
and  the  General  Inspection  of  Public  Works  of  that  Island.  Considering  that  from 
the  same  proceedings  and  the  circumstances  of  the  case  it  results  that  the  proposal 
of  that  General  Government  is  convenient  and  justifiable,  as  well  as  the  measure 
adopted  by  the  said  General  Government,  the  King  (whom  God  preserve),  and  in  his 
name  the  Queen  Regent  of  the  Realm,  has  seen  fit  to  order :  That  the  taking  pos- 
session by  the  State  of  the  section  of  highway  from  Habana  to  Giiines  included 
between  the  corner  at  Toyo  and  Blanquizal,  and  the  section  from  Havana  to  Bejucal 
included  between  the  station  of  the  City  Railway  and  the  outskirts  of  the  ward 
of  La*  Vibora,  which  sections  of  highways  are  to-day  in  charge  of  the  Municipal 
Council  of  Habana,  and  that  the  resolution  adopted  by  Your  Excellency  be 
approved,  ordering  therefore  the  taking  possession  of,  publishing  this  resolution  in 
extract  in  tlie  Gaceta  of  Madrid  and  in  full  in  that  of  Habana. 

And  its  execution  being  ordered  by  His  Excellency  under  date  of 
the  5th  instant,  by  his  order  it  is  published  in  the  Gaceta  for  general 
information. 

Habana,  July  12, 1889. 

PEDRO  A.  TORRES. 

(Gaceta,  July  23,18891) 


Under  date  of  the  12th  of  last  month,  and  ]So.  483,  the  Colonial  De- 
partment communicates  to  His  Excellency  the  Governor- General  the 
following  Eoyal  Order : 

YOUR  EXCELLENCY  :  In  view  of  the  communication  of  Your  Excellency,  No.  450, 
of  the  7th  of  last  March,  and  the  proceedings  which  accompany  it,  relative  to  the 
request  of  the  Municipal  Council  of  Guanajay  of  this  Island,  »which  asks  that  the 
State  take  possession  of  the  crossroads  of  the  highroads  from  Habana  to  San  Cristd- 
bal  and  from  Guanajay  to  Mariel,  which  run  through  several  streets  of  said  town; 
in  view  of  the  favorable  reports  rendered  in  connection  therewith  by  the  General 
Inspection  and  the  Consulting  Board  of  Public  Works,  and  by  the  Council  of  Ad- 
ministration of  this  Island,  keeping  in  mind  the  reasons  given  in  support  of  said 
request,  and  that  the  granting  of  the  same  will  result  beneficially  for  the  general 
interests  of  the  country,  the  King  (who  God  preserve)  and  in  his  name  the  Queen 
Regent  of  the  Realm,  has  seen  fit  to  order :  That  the  request  of  Guanajay  be  granted, 
the  State  taking  charge  of  the  crossroads  of  the  highroads  from  Habana  to  San 
Cristdbal  and  from  Guanajay  to  Mariel,  and  keeping  in  its  charge  in  the  future  the 
repairs  and  preservation  of  said  crossings.  All  of  which,  by  Royal  Order,  I  com- 
municate to  Your  Excellency  for  your  information  and  consequent  action;  and  an 
extract  of  this  decision  should  be  published  in  the  Gaceta  of  Madrid  and  in  full 
in  that  of  Habana. 

And  its  execution  having  been  decreed  by  His  Excellency  on  the 
4th  instant,  by  his  order  it  is  published  in  the  Gaceta,  for  general 
information. 

Habana,  June  10, 1890. 

;\;  :RlOARD<^XQ3T  CUBELLS. 

(Gaceta,  June  14,  1890.) 

:0  A ; 


UNIVEESITY   OF   CALIFORNIA   LIBRARY, 
BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED   BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


'"'"• 


50m-7,'29 


YC 105397 


381491 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


